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JUNE 27, 2006 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF. At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. MCCLANAN, Rose Hall - District 3 RICHARD A. MADDOX,, Beach - District 6 JIM REEVE, Princess Anne -District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON. Ai -Large JAMES L. WOOD, Lynnhavcn -District 5 CITY MANAGER -JAMES K. SPORE CITYATTORNEY- LESLIEL. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL AGENDA 27 June 2006 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING Conference Room 2:OOPM A. MUNICIPAL PARKING LOTS: Pilot project to close entry after midnight Charles W. Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room 3:OOPM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Pullen Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 13, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS L LEASE OF CITY -OWNED PROPERTY a. Commonwealth Support Systems 2. LEASE AGREEMENTS OF CITY -OWNED PROPERTY — Farmers Market a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden I. CONSENT AGENDA J. ORDINANCES Ordinances to AMEND and REPEAL the City Code: a. AMEND Article II: ADD §2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November b. AMEND §36-96 re taxicabs operated pursuant to "public agency" contracts (PAC) C. AMEND §1-12.1 re assessment of additional court costs for construction, maintenance or renovation of the Courthouse and facilities d. AMEND Chapter 7, §§7-2 through 7-5, 7-6.1 through 7-11, 7-21, 7-22, 7-24, 7- 25, 7-29 through 7-32, 7-46, 7-49, 7-50, 7-58, 7-59 through 7-64; and, REPEAL §§7-6, 7-46 through 7-48, 7-51 through 7-57 re bicycles and other wheeled devices to conform with revisions to the State Code e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 re nuisance animals f. REPEAL §6-116.1 re surfing 2. Ordinances to AMEND the City Code and Criteria re Towing: a. AMEND § §21-422, 21-425, 21-426, 21-429 re tow truck service to enforce parking restrictions on private property b. ADD §21-422.1 requiring tow truck services to obtain written authorization of the property owner (or agent) before towing a trespassing vehicle from the property without consent C. AMEND §21-426 re charges for towing and storage of vehicles d. Police Department wrecker list criteria (revised June 6, 2006) 3. Ordinance to ACCEPT a Zodiac Classic Mark 2 inflatable marine vessel as a donation from Zodiac Boats to the Police Marine Patrol Unit 4. Ordinances to AUTHORIZE the City Manager to execute leases of less than five (5) years with the Commonwealth of Virginia for office space in the Judicial Center at 2425 Nimmo Parkway: a. Department of General Services, [eight thousand (8,000) square feet] re housing and operating the adult probation and parole office. b. Support Systems [two thousand three hundred (2,300) square feet on the ground floor] 5. Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden 6. Ordinances to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 — BEACH) a. Timothy D. Moody into Croatan Road and Virginia Dare Drive to construct and maintain landscaping and an open wrought iron fence with brick columns, maintain existing rip -rap, construct and maintain mooring piles, fixed pier, ramp floats, boat lift and gazebo. RECOMMENDATION Approve the existing rip -rap and deny all other proposed encroachments -b. Carl A. Eason and Katherine F. Ripberger to construct and maintain a pier extension, deck, gazebo, floating piers, boat lift, mooring piles and rip -rap at 528 Kerry Lane. (DISTRICT 6 — BEACH) RECOMMENDATION DENY 7. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $175,000 in earned revenue to the Virginia Aquarium Special Revenue Fund re funding expenditures b. APPROPRIATE $6,812 from the Chesapeake Bay Preservation Ordinance violation charges to the FY2005-2006 Department of Agriculture's operating budget for wetlands and coastal sand dune restoration and enhancement projects C. TRANSFER $140,000 from the General Fund regular Reserve for Contingencies to the FY 2005-2006 operating budget of the Convention and Visitors Bureau plus $269,000 within the FY 2005-2006 operating budget of the Convention and Visitors Bureau re increased utility costs at the Virginia Beach Convention Center. 8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as Viewers for one-year terms beginning July 1, 2006, re closures of City streets and alleys. ON L. M: RESOLUTIONS Resolution DIRECTING the Planning Commission to propose amendments to the Comprehensive Plan removing recommendations re the establishment of a Redevelopment and Housing Authority within 60 days after the date of adopting this Resolution (requested by Council Lady McClanan). 2. Resolution AUTHORIZING and DIRECTING the City Manager to implement the Historic Kempsville Area Master Plan Resolution to APPOINT Kamala H. Lannetti as Deputy City Attorney effective July 1, 2006 and Marjorie A. Smith as Associate City Attorney effective June 16, 2006. PLANNING — NO ACTION Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling a borrow pit on the east side of Oceana Boulevard, north of Credle Road. (DISTRICT 6 — BEACH) PLANNING 1. Application of BOBBY DANIELS, FAITH FOR DELIVERANCE OUTREACH CENTER for a Conditional Use Permit re a church at 649 Newtown Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of LITTLE NECK SWIM AND RACQUET CLUB for a Conditional Use Permit re a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) at 864 Little Neck Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of KAREN A. SPAULDING for a Conditional Use Permit re a home occupation (day care) at 2060 Antelope Place. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of NELIN BROTHERS for a Change of Zoning District Classi ication from R-10 and R-20 Residential Districts to Conditional 0-1 Office District at 2122 General Booth Boulevard for an office building. DISTRICT 7 — PRINCESS ANNE DEFERRED INDEFINITELY RECOMMENDATION MARCH 22, 2005 APPROVAL 5. Application of BEACH DEVELOPMENT GROUP, L.L.C. for a Change ofZonin District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on the north side of Euclid Road, east of Onondaga Road for an office building. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI, A/K/A KAVITHI VURMINDI for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District at the eastern terminus of Chestnut Oak Way to subdivide the property into five (5) single-family dwellings. DISTRICT 7 — PRINCESS ANNE DEFERRED INDEFINITELY DEFERRED RECOMMENDATION APRIL 11, 2006 APRIL 25, 2006 APPROVAL 7. Resolution DIRECTING the Planning Commission to study means of regulating bars and nightclubs, including requiring conditional use permits (CUP) for these -establishments and make recommendations to the City Council within sixty (60) days after the date of adopting this Resolution. N. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS BUILDING CODE OF APPEALS —New Construction EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS O. UNFINISHED BUSINESS P. NEW BUSINESS ABSTRACT OF SENATE PRIMARY ELECTION VOTES — June 13, 2006 Q. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 ALL SESSIONS CANCELED July 11, 2006 Briefing, Informal and Formal Sessions Reorganization of City Council July 18, 2006 Briefing, Informal and Formal Sessions July 19 - August 7, 2006 City Council Vacation August 8, 2006 Resume Regular Schedule Agenda 6/22/06 gw I. CITY MANAGER'S BRIEFING Conference Room 2:OOPM A. MUNICIPAL PARKING LOTS: Pilot project to close entry after midnight Charles W. Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:OOPM V. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Pullen Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION June 13, 2006 t CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. Commonwealth Support Systems 2. LEASE AGREEMENTS OF CITY -OWNED PROPERTY — Farmers Market a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden A:k'' l all % ;. The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-ownedprop- erty on Tuesday June 27, 2006 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Vir- ginia. The purpose of this Hearing will be to obtain pub- lic comment on the City's proposal to lease the follow-. -� ing: Approximately 2,300 square feet of space for food service in the ground floor of the Virginia Beach Judi- cial Center to Commonwealth Support Systems If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERIC'S OFFICE at 385-4303; Hearing impaired, call TDD only 385-4305 (TDD - Telephonic Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Vir- ginia Beach Municipal Center. The Facilities Manage- ment Office telephone number is (757)385 8234. Ruth Hodges Smith, MMC City Clerk Beacon June 18, 2006 15287463 PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, June 27, 2006 in the City Council Chamber regarding the proposed _ lease agreements of City -owned property located at the Virginia Beach Farmers Market, as defined below: Space #3 Chapman's Flowers, Inc. Space #7 Elsie Creekmore; T/A Creekmore's Place Space #10; Laurie Moser; T/A Reflections of the Heart Space #11; Laurie Moser; T/A Secret Garden Space #12; Country Butcher, Inc. Space #23&#24 Michele Shean; T/A Virginia Garden The purpose of this Public Hearing will be to obtain pub- lic comment on this lease of City property. Any ques- tions concerning these matters should be directed to Janel Leatherman, Farmers Market Manager, by calling (757) 385-4395. Ruth Hodges Smith: MMC City Clerk If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD only 385-4305 (TDD - Telephonic Device for the Deaf). Beacon June 18, 2006 15286578 ORDINANCES 1. Ordinances to AMEND and REPEAL the City Code: a. AMEND Article II: ADD §2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November b. AMEND §36-96 re taxicabs operated pursuant to "public agency" contracts (PAC) C. AMEND § 1-12.1 re assessment of additional court costs for construction, maintenance or renovation of the Courthouse and facilities d. AMEND Chapter 7, §§7-2 through 7-5, 7-6.1 through 7-11, 7-21, 7-22, 7-24, 7- 25, 7-29 through 7-32, 7-46, 7-49, 7-50, 7-58, 7-59 through 7-64; and, REPEAL §§7-6, 7-46 through 7-48, 7-51 through 7-57 re bicycles and other wheeled devices to conform with revisions to the State Code e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 re nuisance animals f. REPEAL §6-116.1 re surfing 2. Ordinances to AMEND the City Code and Criteria re Towing: a. AMEND §§21-422, 21-425, 21-426, 21-429 re tow truck service to enforce parking restrictions on private property b. ADD §21-422.1 requiring tow truck services to obtain written authorization of the property owner (or agent) before towing a trespassing vehicle from the property without consent C. AMEND §21-426 re charges for towing and storage of vehicles d. Police Department wrecker list criteria (revised June 6, 2006) 3. Ordinance to ACCEPT a Zodiac Classic Mark 2 inflatable marine vessel as a donation from Zodiac Boats to the Police Marine Patrol Unit 4. Ordinances to AUTHORIZE the City Manager to execute leases of less than five (5) years with the Commonwealth of Virginia for office space in the Judicial Center at 2425 Nimmo Parkway: a. Department of General Services, [eight thousand (8,000) square feet] re housing and operating the adult probation and parole office. b. Support Systems [two thousand three hundred (2,300) square feet on the ground floor] 5. Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden 6. Ordinances to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 — BEACH) a. Timothy D. Moody into Croatan Road and Virginia Dare Drive to construct and maintain landscaping and an open wrought iron fence with brick columns, maintain existing rip -rap, construct and maintain mooring piles, fixed pier, ramp floats, boat lift and gazebo. RECOMMENDATION Approve the existing rip -rap and deny all other proposed encroachments b. Carl A. Eason and Katherine F. Ripberger to construct and maintain a pier extension, deck, gazebo, floating piers, boat lift, mooring piles and rip -rap at 528 Kerry Lane. (DISTRICT 6 — BEACH) RECOMMENDATION DENY 7. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $175,000 in earned revenue to the Virginia Aquarium Special Revenue Fund re funding expenditures b. APPROPRIATE $6,812 from the Chesapeake Bay Preservation Ordinance violation charges to the FY2005-2006 Department of Agriculture's operating budget for wetlands and coastal sand dune restoration and enhancement projects C. TRANSFER $140,000 from the General Fund regular Reserve for Contingencies to the FY 2005-2006 operating budget of the Convention and Visitors Bureau plus $269,000 within the FY 2005-2006 operating budget of the Convention and Visitors Bureau re increased utility costs at the Virginia Beach Convention Center. 8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as Viewers for one-year terms beginning July 1, 2006, re closures of City streets and alleys. -16- Item V.J.I.m RESOLUTIONS/ORDINANCES ITEM #55309 (Continued) Voting: 6-5 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W. Schmidt and Rosemary Wilson Council Members Voting Nay: Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Absent: None A Motion was made by Councilman Villanueva, seconded by Councilman Dyer to establish a study committee re the establishment of a Ward System. SAID MOTION was WITHDRAWN. Tf/NO V 3 ?nnK -15- Item V.J.I.a. RESOLUTIONS/ORDINANCES ITEM #55309 The following registered in SUPPORT: Sidney Raider, 4312 Lynnville Crescent, Phone: 463-28191620-1177, Retiree with Virginia Beach City School System Robert O'Connor, 204 52"d Street, Phone: 425-0992, represented the Citizens Action Coalition John Moss, 4109 Richardson Road, Phone: 363-7745, Chairman - Virginia Beach Taxpayers Alliance, spoke in support of a Balanced District System by Referendum Alfonso J. Strazzullo, 3120 Sandpine Road, Phone: 481-0024, represented Citizen Action Coalition, and distributed an analysis depicting "voter apathy ", which is hereby made a part of the record. Mr. Strazzullo spoke in support of a Ward system. William Bailey, 4841 Rosecroft, Phone: 288-5761, spoke in support of a Ward system Brian Kirwin, 304 Cripple Creek Circle, Phone: 463-0399. The Ward system will not solve all problems The following registered in OPPOSITION: 011ie Bates, 613 Meadows Drive, Phone: 467-4624, represented the Virginia Beach Democrat Committee A MOTION was made by Councilman Wood, seconded by Councilman Maddox to ADOPT the Ordinance to AMEND the City Code re Article II.• ADD § 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November A SUBSTITUTE MOTION was made by Councilman Dyer, to DEFER the Ordinance to AMEND the City Code re Article IT ADD § 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November. A Task Force shall be appointed, schedule discussion at City Council's August Retreat and a Public Hearing scheduled. MOTIONLOST FOR LACK OFA SECOND. Upon SUBSTITUTE MOTION by Council Lady McClanan, seconded by Councilman Schmidt, City Council DEFERRED two weeks until the City Council Session of June 27, 2006. Ordinance to AMEND the City Code: Article IT ADD § 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November June 13, 2006 �,PG��;1 B£gcfiT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Article II of the City Code by Adding Section 2-15 to Provide for Mayoral, City Council, and School Board Elections to Take Place on the First Tuesday in November MEETING DATE: June 27, 2006 ■ Background: Local elections in Virginia Beach are currently held in May, while state and national elections are held in November. Although the City Charter provides that elections of the Mayor, City Council and School Board shall be held in May, a Virginia Code provision supersedes the Charter provisions and allows City Council and School Board members to be elected at the November general election if City Council so provides by ordinance. The terms of those elected would begin on January 1. This item was deferred by City Council on June 13, 2006. ■ Considerations: Historically, voter turnout at November elections has been more than double that of May elections. The City also would realize a considerable cost savings by holding only one election for local, state and national offices. The proposed ordinance would change the date of election of the Mayor, City Council members, and School Board members from May to November, beginning in 2008. Elections to be held under current law in May 2008 instead would be held in November 2008. As a transition measure, incumbents whose terms otherwise would expire as of June 30, 2008 would remain in office until their.. successors elected in November 2008 take office on January 1, 2009. ■ Public Information: This ordinance will be included in the normal City Council agenda process. ■ Attachments: Ordinance Requested by: Councilmember Wood and Mayor Oberndorf City Manager: 1 AN ORDINANCE TO AMEND ARTICLE II OF 2 THE CITY CODE BY ADDING SECTION 2-15 3 TO PROVIDE FOR MAYORAL, CITY 4 COUNCIL, AND SCHOOL BOARD ELECTIONS 5 TO TAKE PLACE ON THE FIRST TUESDAY 6 IN NOVEMBER 7 8 SECTION ADDED: § 2-15 9 WHEREAS, the continued success of a democratic government 10 depends upon the participation of its citizens in the democratic 11 process; and 12 WHEREAS, government functions best when there is a high degree 13 of participation by citizens in electing government leaders; and 14 WHEREAS, more than twice as many Virginia Beach residents vote 15 in November elections than in May elections (to wit: there were 16 97,644 voters in the November 2005 election, but only 44,985 votes 17 18 19 20 21 22 23 in the May 2006 election; 177,234 voters in November 2003, but only 41,572 voters in May 2004; and 93,480 voters in November 2001, but only 47,333 voters in May 2002); WHEREAS, financing the cost of one election is significantly less than the cost of financing two separate elections; and WHEREAS, Virginia law provides that the governing body of a city may provide, by ordinance, that the City Council and School 24 . Board shall be elected at the November general election for terms 25 to commence the following January 1; and 26 WHEREAS, it is the desire of the City Council to facilitate 27 the exercise by its citizens of their right to vote; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That Section 2-15 of the City Code is hereby added, to read as 32 follows: 33 Sec. 2-15 Mayoral, City Council and School Board Elections 34 (a) City Council and School Board elections shall take place 35 during the general election in November 2008, and during the 36 November general election in even years thereafter, for 37 councilmembers and school board members whose terms expire at the 38 end of December of that year. The term of office for each 39 councilmember and school board member shall commence on January 1 40 next following the date of the November election and shall continue 41 until his -or her successor has been duly elected and qualified. 42 (b) The mayor shall be elected at the general election in 43 November 2008, and each fourth year thereafter. The mayor's term 44 of office shall commence on January 1 next following the date of 45 the November election and shall continue until his or her successor 46 has been duly elected and qualified. 47 (c). Councilmembers, the mayor, and school board members whose 48 terms expire as of June 30, 2008 shall continue in office until 49 their successors have been elected at the November 2008 election 50 and take office on January 1, 2009. 51 (d) Except for the changes to the date of elections and 52 corresponding changes in the terms of office established in this 53 section, all other provisions of the City Charter relating to the 54 election of councilmembers, the mayor, and school board members 55 shall remain in effect. 56 COMMENT 57 Virginia Code § 24.2-222.1 authorizes localities to change the date of elections for 58 councilmembers, the mayor, and school board members from May to November. The 59 provisions of that statute override any contrary provisions of law, including the City Charter. 60 61 The proposed ordinance would change the election date for the mayor, councihnembers, 62 and school board members from May to November, beginning in 2008. Elections to be held 63 under current law in May 2008 would instead be held in November 2008. As a transition 64 measure, state law provides that incumbents whose terms would otherwise expire as of June 65 30, 2008 would remain in office until their successors elected in November 2008 take office on 66 January 1, 2009. 67 68 Adopted by the Council of the City of Virginia Beach, 69 Virginia, on the day of 2006. Approved As To Legal Sufficiency: ;/ , City Attorneys Office CA9774 H:\PA\GG\OrdRes\Council Election ORD R-5 June 6, 2006 G��ABEgCI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 36-96 of the City Code Pertaining to Taxicabs MEETING DATE: June 27, 2006 ■ Background: On April 25, 2000, City Code § 36-96 was amended to allow taxicabs not licensed in Virginia Beach to pick up fares in Virginia Beach when they are operating under a public agency contract. The Code section currently requires such taxicab drivers to carry a copy of the public agency contract in his or her taxicab. ■ Considerations: There are many public agency contracts under which taxicabs not licensed in Virginia Beach operate, and carrying paper copies of all such contracts in each taxicab is burdensome. This amendment will allow those taxicabs to file the contracts with the Police instead of carrying paper copies, but only if their taxicabs are capable of displaying "P.A.C." (public agency contract) on the digital printout that the taxicab receives from its dispatcher. The digital printout will assist police officers in determining whether a taxicab is operating pursuant to a public agency contract. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance Requested .by Vice Mayor Louis R. Jones REQUESTED BY VICE MAYOR LOUIS R. JONES 1 AN ORDINANCE TO AMEND SECTION 36-96 OF THE 2 CITY CODE PERTAINING TO TAXICABS OPERATED 3 PURSUANT TO PUBLIC AGENCY CONTRACTS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 36-96 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 36-96. Required; reciprocity. 10 It shall be unlawful for any person to operate or cause to be 11 operated, within the c-City, any taxicab, unless a certificate 12 therefor has been issued to the owner thereof in accordance with 13 the provisions of this division or unless the taxicab is being 14 operated pursuant to a contract with a public agency, a copy of 15 which t shall be kept in the taxicab at all times. 16 Alternatively, a public agency contract may be filed with the 17 Police Department, and when the taxicab is in operation pursuant to 18 the provisions of such contract, the taxicab's digital readout 19 shall display the letters "P.A.C" throughout the trip. Nothing 20 contained herein shall prohibit a taxicab duly licensed in another 21, city or county from delivering a passenger to some location in this 22 city, provided the passenger_ was picked up outside the limits of 23 this city and the taximeter is in operation while any suc;, taxz.cab 24 is in operation in this city. 25 i 27 28 29 30 31 32 33 34 •.rAIA I T. PJAM This code section permits taxicabs not licensed in Virginia Beach to pick up fares in Virginia Beach when they are operating under one of several different public agency contracts. Currently, paper copies of all such contracts must be carried in each taxicab. This amendment will allow such taxicabs to file the contracts with the Police instead of carrying paper copies in the taxicab, so long as the letters "P.A.C." are displayed during the trip. The display will assist police officers in determining whether a taxicab is operating pursuant to a public agency contract. Adopted by the City Council of the City of Virginia Beach, 35 Virginia, on this day of APPROVED AS TO LEGAL SUFFICIENCY: 1w,, - k.1b%a-ftw \ 2006. CA-10040 X:\PA\GG\OrdRes\Proposed\36-96 Taxicab Reciprocity ORD R-5 June 16, 2006 tj try G?Y Z; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 1-12.1 of the City Code Pertaining to the Assessment of Additional Court Costs for Construction, Maintenance or Renovation of the Virginia Beach Courthouse and Facilities MEETING DATE: June 27, 2006 ■ Background: On May 9, 2006, City Council adopted an ordinance that increased from $3.00 to $4.00 the local law library fee charged in civil actions filed in the Virginia Beach courts, effective July 1, 2006. The City currently charges $1.00 in each civil action for courthouse maintenance. The State Code requires that the combined fees charged in civil cases to fund the law library and courthouse maintenance cannot exceed $4.00. When the law library fee was increased in the FY 2006-07 operating budget to $4.00, the $1.00 courthouse maintenance fee charged in civil actions should have been eliminated. The maintenance funding generated by that fee can now be supported by other General Fund revenue. Additional funding for courthouse maintenance will continue to be provided by a $2.00 fee charged iri criminal and traffic cases. ■ Considerations: Each dollar of the fee charged in civil actions generates about $70,000 in revenue. Since the increase in the law library fee from $3.00 to $4.00 is needed, the courthouse maintenance fee in civil actions should be eliminated, and revenue and appropriations in the FY 2005-06 operating budget should be reduced correspondingly by $70,000. ■ Public Information: Public Information will be handled through the normal City Council agenda process. ■ Alternatives: The law library fee could be reduced, which would decrease revenue to the law library and negatively impact law library services. ■ Recommendations: Eliminate the $1.00 courthouse maintenance fee charged in each civil action filed in the Virginia Beach courts. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: 4-S I.(- Department of Management Service C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 1-12.1 OF THE CITY CODE PERTAINING TO THE ASSESSMENT OF ADDITIONAL COURT COSTS FOR CONSTRUCTION, MAINTENANCE OR RENOVATION OF THE VIRGINIA BEACH COURTHOUSE AND FACILITIES WHEREAS, the State Code requires that the combined fee imposed in civil actions in the Virginia Beach court system in support of the local law library and courthouse maintenance cannot exceed $4.00; WHEREAS, to impose a law -library fee of $4.00, the $1.00 fee imposed for courthouse maintenance must be eliminated in civil cases. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That section 1-12.1 of the City Code is hereby amended and reordained to read as follows: Sec.1-12.1. Assessment of court costs for construction, maintenance or renovation of courthouse and facilities. (a) As an addition to other fees prescribed by law, the clerks of the circuit court, general district court and the juvenileand domestic relations district court shall charge and collect, as a part of the fees taxed as costs, a fee of two dollars ($2.00) in each criminal and traffic case, and a fee of ene del ,v ( $1. 99 ) in eaeh civil ae-tien. (b) Each such clerk shall remit such fees to the treasurer of the City of Virginia Beach. (c) The treasurer shall hold such fees subject to disbursements authorized by city council for the construction, 30 renovation or maintenance of courthouse or jail facilities and 31 court -related facilities and to defray increases in the cost of 32 heating, cooling, electricity and ordinary maintenance. 33 2. That estimated revenue and appropriations in the FY 2005- 34 06 operating budget are hereby reduced by $70,000. 35 COMMENT 36 This ordinance eliminates the $1 maintenance fee charged in each civil case filed in Virginia Beach. 37 This is necessary because the law library fee will increase to $4 on July 1, 2006, and the law library and 38 courthouse maintenance fees combined may not exceed $4. 39 Adopted by the Council of the City of Virginia Beach, Virginia 40 on the day of 2006. APPROVED AS TO CONTENT a.!'' Department of Management Services APPROVED AS TO LEGAL SUFFICI CY iltx� N , A"I City Attorney's Office CA10063 PA/GG/orders/proposed/Courthouse Maintenance Fee ORD.doc June 15, 2006 R-4 G N�4 BEAM �u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 7 of the City Code Pertaining to Bicycles and Other Wheeled Devices MEETING DATE: June 27, 2006 ■ Background: At its 2006 session, the General Assembly- approved legislation that revises State Code provisions regarding mopeds and other wheeled devices. The legislation's effective date is July 1, 2006. The attached ordinance amends Chapter 7 of the City Code to bring it into conformance with the revisions to the State Code. Also, on December 13, 2005, City Council adopted an ordinance that amended the City Code by incorporating by reference provisions of the state traffic code. Several of the state code provisions that were incorporated by reference concern wheeled devices. This ordinance also repeals provisions of Chapter 7 that were incorporated by reference in -December. Finally, a new section has been added that explicitly provides that no wheeled device may be operated on City streets or highways unless explicitly authorized by the City Code or state law. ■ Considerations: The ordinance will be effective on July 1, 2006, which is the effective date of the revised State Code provisions. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance Updated Citizen's Guide Chapter 7 Revision Matrix Legal Operation of Wheeled Devices Matrix Recom.•-zend"d Actior!: Approval Police Department City Its' !yiis�Ce94r; ; ; 1 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY 2 CODE PERTAINING TO BICYCLES AND OTHER WHEELED 3 DEVICES 4 SECTIONS AMENDED: §§ 7-1 thr. 7-5, 7-6.1 thr. 7-11, 7-21, 5 7-22, 7-24, 7-25, 7-29 thr. 7-32, 7-46, 7-49, 7-50, 7-58, 6 7-59 thr. 7-64 7 8 SECTIONS REPEALED: §§ 7-6, 7-46 thr. 7-48, 7-51 thr. 7-57 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Chapter 7 is hereby amended and reordained, to read as 12 follows: 13 Chapter 7 BICYCLES AND OTHER WHEELED DEVICES 14 ARTICLE I. IN GENERAL 15 Sec. 7-1. Definitions. 16 For the purposes of this c-Chapter, the terms "all -terrain 17 vehicle," "bicycle," "electric personal assistive mobility device," 18 "electric power -assisted bicycle," "golf cart," "highway," "low 19 speed vehicle," "moped," "motor -driven cycle," "motorized scooter," 20 "motorized skateboard," "vehicle," "wheelchair," and "wheel chair 21 conveyance" are defined as set forth in Code of Virqinia §§ 46.21- 22 100 and 46.2-1993, as amended. Additionally, the following words 23 shall have the meanings ascribed to them in this section, unless 24 clearly indicated to the contrary: 25 T l l ; e r ,- 1 el 1 a rrrr-�-f.� if3�� c�"?T � re : � � �t �•�c=6 d� ec^-�2cc-9E a 26 gel-4e-le da ed 1y _ gasgl}Fie e= diesel engine &FIE4 ti vs _ iR a + 7 -. i;�..:� -- o� c= ccr-c�,'ma's , a--5 rE 28 by 4i44,v4:4ual E4 e-r en VaElAus types 29 4:RteneieEi fsEeff Eead use T-l}s as teE�Ft net-4:neluEie fe, , -wi4ee � 30 of uapaveEi teEEa�n- Eleee 31 level eeppa:aaRly knewn asge- 32 raeing anEi en �elat�:vely " _e :te,-iit 4:ne=aele ssEfaees, "far-FR et4:14:ty vehi4:ele" as 33 ea=ts, ne= Qoes 46.2 any tie Gene-ef V }a-- iieept as 34 Eief ineEi _n seetien- of lnthis eE the gl r eses e�4.-h4:s 35 ethe,-wisep,-ev:iEieE el�apte�, be-eeeR�^ed te-#ae-R:ieteEeyeles. 36 el:�ap-teE, 37 all-teEEa}nve eles $}eyele A Eiev4:ee pEepelleEi shall selely igy Fula,- r� upen seat wh; ^h attaeheEi 38 a p Ssen Riayz}Eie a}tle,- en er astE}de-a In tandeffi, lnel,iEid:ng 39 t te,eta-, hav4:ng twe (2) en Ftete wheels tey - eE-feE sse1ay 40 ehllEiEen' s b}eyeles, eiieept-a 194:eyele be -,�ehiele-;a:Ale epeLcateEi yeung, ems -fie 41 e _=lie A shall --a 42 I:i-:� g1ciw a y- 43 gleetr}e pe:sepal ass4:st}Sae-melq}14!ty--Eiev1 • A self J 44 45 -(=) peEsems--anEi pe6ae,-ed i9y an eleetn-4ep,-ep lsien ssystei:R-�=ha}tee 46 the Eie xee' a -Plana:- irk speeEi -te fd:ft-een (-15)---m4:les pe:-, 4a:a,' 6,' ltss- 47 he term xxxclaacs, Taut 4:s ne4-- 4 FR4:ted te, SeE6aays aeE S3i4la3' 48 49 -.zehi e l e-w�ea--e p e-ra t ede n t h eh4:ghway. 50 aleetn-le-peweE-asslsteei lq}eyele- A- ale¢le-eq�i}moped w4A han 51 5,) bt—ejees a a t el-1 it } h a t e the f l ems —need -fie p e elm. 53 e ,ems assisted l9leyele-shall Jqe 54 55 56 i ae-eleet,-4:e Eleetr-le pew•er-eEi R�e-te,-e,- wl:�eeleEi lqatte,—y, eiev4:ee. a ael:4ele-6al:�en Any wheeled is epen-aj=-ed e a elev4:ee-p esky l9eing 57 erelleE-er- Eies4:gned fe,- wh4:eh eapalle of self 58 p, a Rta}ii:mut efthi,-ty self-pEep�:i4-sien (39) -R�}les-pen- andp,-epees heid�- speedsUp te Fen- 59 ehapte�, aeeleet,-le-gewe,-ed de76-}ee pu3FFeses of th_� shall 4:neliade-gel€ 60 wheeled eet 61 , 62 "RaEaEs, " eleet,-le-sea:r=eEi , seeete,-s, 63 eleet le-gebaetred elee-t-Ere- eweEeEi FR}el-eheppei�s, Fa,--pi��-Feses 64 eh apt e ge-pedsanei E e l eet r- l r= ele�reeC i e€thls l be rel 65 while , an epen-ateel en p aw eE eei a hlgl4way Wheeled Eiev ee-shial a �e e the-saf«e laws 66 67 68 Eestr-}et=iens e,- Gs-peweieei any as eleet�--ie wheeled sleilai--type pewe,--assi-stee Eievr fuel, and ee=Aywheel-eEi siAgj ee:te b; eye }s erg es _ Eie4-iee-peweined ]B being 69 eLa aes}gseE� feE self-p,-epulsien, whieh eapable of self--pEepell-ed 'Cip to 70 RtaiE Imam th i t (-3 0) } le anEi preeidees hem speees a 71 elziapteEy of E y fa s--der- EF e Ewa poses of t�il e 72 lqiA.es, 73 gas-pewe.-ed-peelset iRinl eheppeEs, g-as- ewei-ed seated seeeteL=s-, ges e-r-e Fir- 7 4 s gas-peweE-ed e s o f s ge- eds-anEi s=Ft}laE Eiera}ees . l be 75 fu ,-pe .pew =e? el:i e ;- Azle apteE-a g as-p ewe,-eEi wh e e eei Eieviee-shall a 76 77 Gelf ea Et A self p,-epelled�dehie4e :6rat 4!s designed e 78 t ,-aspe,-t- p ems en s-mil aYlR g g e l f and :6e} - eq�i rpfRe n t en a EjelT 79 ee 80 Hrghway: T-1:ie-enter,-e w::dzI4 between €ke-be�indat-,Y 44nes ef ver- 81 82 83 alleys and p i,; e i nt E jE r 9 lets in t l4 e4:tyz- 84 dew speed eeh}ele. Any fems,--�-.peeled e ee r ,',_ ^' 85 vehiele, eiEeej9t a ftteteE veh}ele-eE lewa speed veh}ele-that�:s i:ised 86 e�ielcis}rely feE aga=}eu!ta--a! eE hen-t-ieuit-ci,-a!-pu,-peses en a --gal€ 87 curt, odhese ifcaiE4:FFiaa speed 4:s greate,- than twenty (229) fE!lleser- 88 _, bat net gn-eateE than twenty-f}ve (29) F 4:les Pen helaE aed--:i-& 89 90 ems-Gede-anEi Federal Regalat}ens, 6 971.99-9. 91 92 w4:t medals and a helpe,- i:tete,- whieh }s '-ateEi at Re ate,-e than twe N 9 4 the,-ty(9 9) files p e,- h ee e ,---(} }) a -fe-te Etc l e with an 95 d=spl a-eei:aent-ef- : f t y (9 9-) etab l e }; e t e r less anei 96 speed of less --than thlEt 97 Resort area: The area, from and including, the sidewalk on the 98 west side of Pacific Avenue to the Atlantic Ocean between Rudee 99 Inlet and 42nd Street. i00 Resort season: The time period from May lst through September 4 101 30th. 102 Riding: This term is used interchangeably throughout this 103 Chapter with the term "operation" 104 Surrey: A four -wheeled pedal -powered vehicle capable of 105 seating two (2) or more persons. 106 Wel4iele: F3�eEy Ele--i4eej:e, upen-e=-1s-whiiel=i- any -peEsen er- 107 109 ra4:16G, €n-aeks. 110 Whee1e1:ia_,-eE eleha}=- e-en-iLeyanee; A ehaii= e,- seat gia:=p_p-e 111 wlt•h--feels, €ypeally aseei :6e-P,-eVd:de �1ity fel= pe,-sells eal-io--� 114 wl4eeled de*lees 8e leng as 4:t is ege�-ated as-pEev}ded 4:n i=g J 115 GeEie § 46.2-677, a sel€-pr-epelled 6A4ee1eha4:n 9r self-r=epelled 116 6aheezleha�� eeneeyasee-spall set lae eensi:derea vehiele . 117 COMMENT 118 This amendment incorporates by reference the definitions of terms that are defined by Virginia 119 Code §§ 46.2-100 and 46.2-1993. This change helps ensure that the City Code will remain in 120 conformance with state law even if future changes are made to the State Code definitions. Additionally, 121 the definitions of "gas -powered wheeled device" and "electric -powered wheel device" are deleted from 122 the City Code. The State Code does not categorize vehicles based solely on the type of power source. 123 Instead, the State Code categorizes these types of vehicles as "moped," "motorized skateboard" or 124 "motorized scooter." 125 126 Sec. 7-2. Violations of eChapter generally. 127 Except as otherwise specifically provided, any person who 5 128 shall violate any provision of this c-Chapter shall be guilty of a 129 Glass 4R4:sdeFReaneE. traffic infraction punishable by a fine of not 130 more than two hundred dollars ($200.00). 131 COMMENT 132 Unless otherwise noted in subsequent sections, violations of this Chapter will be punishable by a 133 fine of not more than $200.00, as required by recently revised Code of Virginia § 46.2-904. 134 135 Sec. 7-3. Inspections. 136 A police officer at any time, upon reasonable cause to believe 137 that a bicycle, electric personal assistive mobility device, 138 electric power -assisted bicycle, e4eeti=} - ewe,ed balzieeled devi e;- 139 n 99weEed ;heeleei E'^3x4 c motorized skateboard motorized scooter, 140 golf cart, low -speed vehicle, surrey or moped is unsafe and not 141 equipped as required by this chapter or that the equipment is not 142 in proper adjustment or repair, may require the person riding such 143 wheeled device or vehicle to stop and submit the wheeled device or 144 vehicle to an inspection and such test with reference thereto as 145 may be appropriate. 146 COMMENT 147 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 148 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 149 and "motorized scooter." 150, 151 ARTICLE II. POSSESSION, SALE, RENTAL AND REGISTRATION OF 152 WHEELED DEVICES 153 E 154 Sec. 7-4. Violations of aArticle. 155 Unless otherwise specifically provided, a violation of any 156 provision of this Article II shall constitute a Class 3 157 misdemeanor. 158 159 Sec. 7-5. Removing, altering, etc. identification numbers. 160 It shall be unlawful for any person to remove, change, alter 161 or mutilate the frame number of any bicycle, electric personal 162 assistive mobility device, electric power -assisted bicycle, 163 eleE�.,-i - ewer l4eele iee g s-p ice ..,�,ee e e v motor- ) --' 164 driven cycle, motorized skateboard, motorized scooter, golf cart, 165 low -speed vehicle, surrey or moped. 166 COMMENT 167 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 168 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 169 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 170 vehicles from the revised State Code. 171 172 Sec. 7-6. Dealer not to sell bicycle, electric personal assistive 173 mobility device, electric power -assisted bicycle, 174 elee ie-pewe�e�--wheeleddeviee , gets-peweEede=edd 175 _ deviee, motor -driven cycle, motorized skateboard, 176 motorized scooter, golf cart, low -speed vehicle, surrey 177 or moped without an identification number. 178 179 No person engaged in the business of selling bicycles, 180 electric personal assistive mobility devices, electric power- 181 assisted bicycles, e-leetr-ie n-e—wl:ieele4--r iea 1 wee motor -driven motor -driven cycle, motorized skateboarda, 183 scooter golf carts, low -speed vehicles, surreys or mopeds at retail 184 shall sell any such wheeled device or vehicle unless the wheeled 185 device or vehicle has an identifying number permanently stamped or 186 cast on its frame. 187 COMMENT 188 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 189 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 190 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 191 vehicles from the revised State Code. 192 193 Sec. 7-6.1. Stickers required on mopeds and gas-peweEed wheeled 194 melees motorized skateboards and motorized 195 scooters 196 197 Any dealer- ;44e- sells r-at e-ta4lanel anperson who offers for 198 rent or lease any moped er E-as er-e wi-zeel e Eiev motorized 199 skateboard or motorized scooter shall affix to any such moped e-,-. 200 Ejas-peweEeEi-w-eeledEieviee , motorized skateboard or motorized 201 scooter, or verify that there is affixed, a permanent decal or 202 sticker which states-.* 203 (1) Tthat the operation of mopeds er gaspewe,-ed wl4eele 204 vcviees, motorized skateboards or motorized scooters on highways 205 and public vehicular areas by persons under the age of sixteen (16) 206 for mopeds, or under the age of fourteen (14) (unless under the 207 immediate supervision of a person who is at least eighteen (18) 208 years old) for motorized skateboards or motorized scooters, is 209 prohibited by Virginia law.7- 210 (2) The imaffi ne�-_sep•ewer of t4}e—moped -e,- g-aspaweeed 8 211 wheeled de�iee 212 (3)TI:Ie a:ffa --speed at wie —the f:Repe 213 ;4ieeleei eie�,;iee-i:Ray-9e--r-4:-en. 214 Any Eieale�-_ wA;ie-sells anEi any eLsen whe-effei=s few L=ente, 215 lease any sue2i i:fteped eE ges--pe aered wl=ieeled deSa}ee dahleh 4-eeS; ;;- - - 216 1;nave af_::�ieei theEete sueh a pe,'FiaReRt deeal GE stieke,- 6,' WIF3e SeIIS 217 a—ate-ter-eyele wi —s�ieh a stlekeLa eE eieeal attaeheEi theNet 218 that its i:fte to E ems ---a tee --a t ii e Rt e,-e—than t w e—(2)—b ,- a l 219 re= s epoWeE P Ee e: en g en l y speeds i:ip t e ai:RaiEiFRUFft e f t h r- y - �l 221 COMMENT 222 This amendment replaces the term "gas -powered wheeled device" with the new Code of 223 Virginia descriptors "motorized skateboard" and "motorized scooter." Changes to the definition of 224 "moped" in the State Code require the deletion of the above -stricken language regarding horsepower 225 and maximum speeds. 226 227 The State Code now permits persons who are at least 14 years of age to operate motorized 228 skateboards and motorized scooters. The State Code also allows children under the age of 14 to operate 229 such vehicles if under the immediate supervision of an adult. This amendment deletes language from 230 the City Code that restricted operation of those vehicles to persons aged 16 or older. 231 232 Finally, Code of Virginia § 46.2-915 addresses the sale of mopeds and motorcycles with 233 appropriate stickers. Because that State Code section already has been incorporated by reference into 234 the City Code, the redundant language from this City Code section is deleted. 235 236 Sec. 7-7. Record to be kept by dealers in secondhand bicycles, 237 electric personal assistive mobility devices, electric 238 power -assisted bicycles, eleetrie-peweEed ---heeled 239 devices, gas-pewefed-- wheeled --deviees--notor-driven 240 cycles, motorized skateboards, motorized scooters, golf 241 carts, low -speed vehicles, surreys or mopeds. 242 243 Every person engaged in the business of buying, selling, 9 244 exchanging or trading in used or secondhand bicycles, electric 245 personal assistive mobility devices, electric power -assisted 246 bicycles, eleet,-le-pewe,-ed wheeled ele44:ees, gas-pewea-ee—ul:4eeleEi 247 Eie;�ie motor -driven cycles, motorized skateboards, motorized 248 scooters, golf carts, low -speed vehicles, surreys or mopeds shall 249 keep a record of all such transactions, including the make and 250 frame number, and the name and address of the person from whom 251 purchased or acquired or to whom sold and delivered, as the case 252 may be, or each such wheeled device or vehicle purchased, sold or 253 exchanged. Such records shall be open for police inspection. 254 COMMENT 255 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 256 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 257 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 258 vehicles from the revised State Code. 259 260 Sec. 7-8. Dealers not to purchase secondhand bicycles, electric 261 personal assistive mobility devices, electric power- 262 assisted bicycles, eleetwie-pewered wheeled devices, 263 gas-peweEed wheeled deviees, motor -driven cycles, 264 motorized skateboards, motorized scooters golf carts, 265 low -speed vehicles, surreys or mopeds from minors. 266 267 It shall be unlawful for any person engaged in the business of 268 buying, I selling, exchanging or trading in used or secondhand 269 bicycles, electric personal assistive mobility devices, electric 270 power -assisted bicycles, eleetr-:�e-peweEed wl4ee.leel devi-ees, gas 271 pawe,-.eEiwieeleel Elevrees, motor -driven cycles, motorized skateboards 272 motorized scooters, golf carts, low -speed vehicles, surreys or 10 273 mopeds, to purchase any such secondhand wheeled device or vehicle 274 from a person under eighteen (18) years of age. 275 COMMENT 276 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 277 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 278 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 279 vehicles from the revised State Code. 280 281 Sec. 7-9. Rental agencies to comply with equipment requirements; 282 advertising prohibitions. 283 284 No rental agency or other establishment shall rent or offer 285 for rent any bicycle, electric personal assistive mobility device, 286 electric power -assisted bicycle, leetr_- 44eele p e ,-e Eiev4:^ 287 gas—peweEed whieeleEi el e;:; 4! e e motorized skateboard, motorized 288 scooter, golf cart, low -speed vehicle, surrey or moped, unless such 289 wheeled device or vehicle is equipped with all safety equipment 290 required by this c-Chapter. No such agency or establishment shall 291 rent or offer to rent any such wheeled device or vehicle which 292 displays any signage or other advertising matter for use on the 293 boardwalk or bicycle path east of Atlantic Avenue except for one 294 (1) sign not exceeding one (1) square foot in area and displaying 295 only the name and location of the rental agency or establishment. 2 9 6 � COMMENT 297 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 298 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 299 and "motorized scooter." 300 11 301 Sec. 7-10. Signs required at rental agencies. 302 (a) Mopeds er gas--pave-r=—wl:}ee1dQevi-Ees. Each owner of a 303 business intending to rent or lease mopeds 304 deviee& to the public shall post a clearly legible sign in a 305 prominent place on his premises where such sign will be seen and 306 read by a reasonably observant customer. Such sign shall contain 307 the following information: 308 (1), Operators must be sixteen (16) years or older. 309 (2) Valid identification is required of all customers. 310 (3) Customers must be familiar with and obey traffic laws. 311 Violations will be prosecuted by police. 312 (4) Riding is prohibited on the Boardwalk and the adjacent 313 grassy area and bicycle path, oceanfront parks and plazas, the 314 beach, all city sidewalks; 315 (5) Riding is prohibited on Atlantic Avenue from May 1st 316 through September 30th. 317 (b) Low -speed vehicles. Each owner of a business intending to 318 rent or lease low -speed vehicles to the public shall post a clearly 319 legible sign in a prominent place on his premises where such sign 320 will be seen and read by a reasonably observant customer. Such sign 321 shall contain the following information: 322 (1) Operators must be sixteen (16) years or older to operate. 323 (2) Valid driver's license is required of all customers. 324 (3) Customers must be familiar with and obey traffic laws. 12 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 Violations will be prosecuted by police. (4) Operation is prohibited on the boardwalk and the adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. (c) Electric personal assistive mobility devices, electric power -assisted bicycles, aijaj eieet�-4e pebae�-eel itiheeded cL,_ t k)n.p rrlc and mni-nri7P(I scooters. Each owner of a business: intending to rent or lease electric personal assistive mobility devices, electric power -assisted bicycles and eleetEie- �- -_wheeled Eie;,; ees motorized skateboards and motorized scooters to the public shall post a clearly legible sign in a prominent place on his premises where such sign will be seen and read by a reasonably observant customer. Such sign shall contain the following information: (1) Operator must be fourteen (14) years or older unless under the immediate supervision of a person who is at least eighteen (18) years old. (2) Valid identification is required of all customers. (3) Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. (4) Riding is prohibited on the boardwalk and adjacent grassy area and bicycle path, oceanfront parks and plazas, the beach and all sidewalks in the resort area. (5) Riding is prohibited on Atlantic Avenue from May 1st 13 349 through September 30th. 350 COMMENT 351 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 352 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 353 and "motorized scooter." 354 355 Sec. 7-11. Restrictions on renting mopeds, gas-pewered whee=eQ 356 tea, low -speed vehicles, electric personal 357 assistive mobility devices, electric power -assisted 358 bicycles eE eieetEie-peweEed w eeled iee s 359 motorized skateboards or motorized scooters. 360 361 It shall be unlawful for an owner, manager, operator or 362 employee of a business engaged in the rental of mopeds, gas-pewe ed 363 whieeleei e-.�ieea, low -speed vehicles, electric personal assistive 364 mobility devices, electric power -assisted bicycles, eE elee:�r;,. 365 EieT, -ee& motorized skateboards or motorized scooters 366 to: 7 (1) Lease or rent a mope g,_-i ^w^r_d .,._____d e_.___ or low- 368 speed vehicle to any person under sixteen (16) years of age. 369 (2) Lease or rent, or offer to lease or rent, a moped e�--gas- 370 peweEeEi wl4eeled dcT-icc which produces speeds in excess of thirty- 371 five (345) miles per hour on a level surface. 372 (3)- Lease or rent, or offer to lease or rent, a low -speed 373. vehicle which produces speeds in excess of twenty-five (25) miles 374 per hour on a level surface. 375 (4) Lease, rent, offer to lease or rent an electric personal 376 assistive mobility device, electric power -assisted bicycle, e-�- 14 377 eleetEJ:e-peweEeEi whieeled Eie-,4ee motorized skateboard or motorized 378 scooter to any person under fourteen (14) years old unless such 379 person is under the immediate supervision of a person who is at 380 least eighteen (18) years of age. 381 (5) Require or accept as security or surety any operator's 382 license, military identification card or other permit or pass 383 issued by any state or federal agency. 384 COMMENT 385 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 386 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 387 and "motorized scooter." In conformance with a change in the State Code, this section increases from 388 30 to 35 mph the maximum speed of a leased or rented moped can attain. 389 390 Secs. 7-12--7-20. Reserved. 391 Sec. 7-21. Authority to register. 392 Anyone may register a bicycle, electric personal assistive 393 mobility device, electric power -assisted bicycle, eleetEit -1 , were. 394 wheeleEi Eie;,zir=Ejas-peWeEeEi wheeled eieviee motor -driven cycle, 395 motorized skateboard, motorized scooter or moped in the -eCity as 396 provided in this Article. 397 COMMENT 398 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 399 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 400 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 401 vehicles from the revised State Code. 402 15 403 Sec. 7-22. Application. 404 (a) The registration of bicycles, electric personal assistive 405 mobility devices, electric power -assisted bicycles, elee t,-ie 406 pewe,-ed wheeled deer:ees, gas = ewe,-erg-wheelQei evgees, motor -driven 407 cycles, motorized skateboards, motorized scooters or mopeds shall 408 be upon written application therefore made to the treasurer of the 409 city, on forms provided for that purpose. 410 (b): All persons engaged in the business of selling bicycles, 411 electric personal assistive mobility devices, electric power- 412 assisted bicycles, eleetr-le-jqeweEeei bd14eeled p4eeBy gas-PGwe 413 ;42teeleE—dev4:ee , motor -driven cycles, motorized skateboards, 414 motorized scooters or mopeds shall have application forms or 415 registration available to all persons buying such wheeled devices 416 or vehicles. 417 COMMENT 418 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 419 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 420 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 421 vehicles from the revised State Code. 422 423 Sec. 7-23. Reserved. 424 Sec. 7-24. Fee. 425 The fee for registration of a bicycle, electric personal 426 assistive mobility device, electric power -assisted bicycle, 427 eleEti-}e-pewereei wheeled de3o;iee, gas-pewe,-edwl4eele�'�;:;J . motor- 16 428 driven cycle, motorized skateboard, motorized scooter or moped 429 under this aArticle shall be one dollar ($1.00), which fee shall be 430 paid to the c-City t-Treasurer at the time of such registration. 431 COMMENT 432 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 433 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 434 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 435 vehicles from the revised State Code. 436 437 Sec. 7-25. Issuance of card and decal. 438 (a) Upon proper application and the payment of the 439 registration fee provided for in this e-Article, the t-Treasurer of 440 the -&City shall issue to such applicant a bicycle, electric 441 personal _assistive mobility device, electric power -assisted 442 bicycle, eleetE�:e pewe,-eei whieeleel eievd:ee;--was—peweEed w4eeleel 443 tee, motor -driven cycle, motorized skateboard, motorized scooter 444 or moped registration card and a decal, to be affixed to such 445 wheeled device or vehicle, bearing the registration number assigned 446 to the wheeled device or vehicle and the name of the ECity. 447 (b) Disabled applicants desiring to use an electric personal 448 assistive mobility device, power -assisted bicycle or an electric or 449 gas -powered seated scooter (excluding mopeds, mini choppers, motor- 450 driven cycles and pocket bikes or similar devices) in lieu of a 451 wheelchair or wheel chair conveyance as a mode of transportation, ^52 shall so indicate on the application form and a special plate, tag 453 or adhesive decal for the disabled shall be issued upcn proper 17 454 application and payment of the prescribed fee. 455 (c) No person shall be required to register or obtain any 456 plate, tag or decal or pay any registration fee for any self- 457 propelled wheelchair or self-propelled wheelchair conveyance 458 provided it is: 459 (1) Operated by a person who is capable of operating it 460 properly and safely but who, by reason of physical disability, is 461 otherwise unable to move about as a pedestrian; and 462 (2) Not operated on any highway or street in the c-City except 463 to the extent necessary to cross the street or highway. 464 COMMENT 465 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 466 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 467 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 468 vehicles from the revised State Code. 469 470 Secs. 7-26--7-28. Reserved. 471 Sec. 7-29. Replacement of mutilated, lost or stolen decal. 472 When any decal issued under this =•Article is badly mutilated, 473 lost, stolen or misplaced and cannot be found, upon presentation to 474 the Treasurer of the City of satisfactory evidence of such fact 475 and proof of ownership, together with payment of a fee of twenty- 476 five cents ($0.25), the t-Treasurer shall issue another decal and 477 shall change the registration of the bicycle, electric personal 478 assistive mobility device, electric power -assisted bicycle, 479 e1ee }E- ebae ed 64;_eeIed de3�14!Ee; 3,_si e _rep' wee ed -i^•�i motor- In 480 driven cycle, motorized skateboard, motorized scooter or moped in 481 question accordingly. 482 COMMENT 483 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 484 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 485 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 486 vehicles from the revised State Code. 487 488 Sec. 7-30. Records to be kept. 489 The.--t-Treasurer of the c-City shall maintain a complete record 490 of all bicycles, electric personal assistive mobility devices, 491 electric power -assisted bicycles, elee:r=Eie-p , we,—_ , wheeled Eie3�4eesy 492 gas-pews:-e—wkeelei 4ev4:ees motor -driven cycles, motorized 493 skateboards, motorized scooters or mopeds registered pursuant to 494 this a -Article, showing the name, address and phone number of such 495 wheeled device or vehicle, the number of the decal issued therefore 496 and a record of all fees collected by him under this aArticle. 497 COMMENT 498 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 499 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 500 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 501 vehicles from the revised State Code. 502 503 Sec. 7-31. Disposition of fees. 504 Fees collected under this Article shall be used for the 505 purpose of defraying the costs and expenses incident with the 506 registration of bicycles, electric personal assistive mobility 19 507 devices, electric power -assisted bicycles, eleetrrie pe e^-_e w __lc-' 508 devlees,gas-pewe3ed wheeleel de;,gees motor -driven cycles, motorized 509 skateboards, motorized scooters or mopeds and for carrying out the 510 provisions of this e-Chapter. 511 COMMENT 512 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 513 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 514 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 515 vehicles from the revised State Code. 516 517 Sec. 7-32. Disposition of unclaimed bicycles, electric personal 518 assistive mobility devices, electric power -assisted 519 bicycles, eleetEie-peweEed heeled deviees, gas 520 pewe-r-ed whee a deviees motor -driven cycles, motorized 521 skateboards, motorized scooters, golf carts or mopeds 522 in custody of police department. 523 524 The disposition of unclaimed bicycles, electric personal 525 assistive mobility devices, electric power -assisted bicycles, 526 eleet�-_le-pewered wl:�eeleel deviees, gas-peweEed wheeled—devlees 527 motor -driven cycles, motorized skateboards, motorized scooters, 528 golf carts, low -speed vehicles, surreys or mopeds in the custody of 529 the police department shall be in accordance with the provisions of 530 Article II of Chapter 27 of this Code. 531 COMMENT 532 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 533 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 534 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 535 vehicles from the revised State Code. 20 536 Secs. 7-33--7-45. Reserved. 537 538 ARTICLE III. EQUIPMENT AND LOCAL OPERATING RULES 539 See. 7 46Vieiatiees eff aA=r- e e 540 UnIess etl:�eaFw}se—speelfieali ev4:EieE1, a- *4!9:at4:en of any 541 ef A�-tlele 111-siall eenst4mtute a tEa€f}e ; „ fr-aet; e ,^ 542 shall ]9e by a glee of net-zmaEe }1 ,. ene � ndEed Eie , , 544 COMMENT 545 City Code § 7-2 sets forth the punishment for violations of Chapter 7, so this provision is being 546 deleted. 547 548 See 7 47 Lights and Eeff .,..teEe 549 (a) EveEy bleyeie, eleetr-le peEsena-l—asslstl-ve TMah; 1 5 5 0 Ele�,zi e e, e i e e t-rre—pew er-ass } s t e d bieyeie, eleezLre-peweE eei wheeled 551 , 552 553 wbsel: � efR}t- a Wl:i}fie i g visible is e1ea3F eet-her- fn-efn a 554 555 a -eEi-;=e:leeteE en tie-eaL-e= a tie aPPEe 556 557 558 559 (b-)—E;;ve,--y--bj:eyele, eieetE.�e pemsenal assist}�T eig;' t� 560 y 21 561 , 562 563 565 566 iefleeti;;;e a 4:4:I:IteEi IaFR19 fLeFR � siE 568 -( r=) -E4 --�9 4-e y e le, ei= 4:t- s—r-4:er-, shaIbe—equ4:ped w4::614 e 569 a t � five h i n t 570 Qi s- �rree—era c x e a s �—rrl� i3 � � e �-� � feet ez ce• }cl'ie r--eaLa FFl:i e n 4rFi 571 572 ell }FFt e f } - e- (3 5 )-i4: des-}ae-- er- g,-eat e 3F. Any si:i 573 1 gi-i t Ig e-e f a tj,ge-ap,-e�eei by :61:4e -super-I et-e eEiee# the 574 styt=e-pe�4: 575 COMMENT 376 This amendment deletes provisions that have been incorporated by reference into City Code § 377 21-1. 578 579 See. 7-48. $Fakes. 580 (a) E"—eEy 194:eye3:e, eleetEie peweE yes}stetble�zele, eleet,-4':e- 581 peweEed wheeled devlee, gas-pewe,-eEi 6alcieeleEi-Eiev4:e 383 e n alale tie epen-ate r t e-R�ake- 6 he iqEakeei wheels s IrEld an aEy, , lei el , 585 () aid eLay-e l e e t r4 e-pr-s enag:-a s�sisti�oze-Ffteb}l i-Ia-y- d-e,,4 ee , wl-E--� 22 586 , 5 8 7 a et•; tram,- engageei,- jai 1l enalgle tie-ep eE a to,- tee -the de42 588 te-a-eent,-e l l e Ei step. 589 COMMENT 590 This amendment deletes provisions that have been incorporated by reference into City Code § 591 21-1. 592 593 Sec. 7-49. Safety equipment required, moped 594 wheeled de-iee--perators and passengers. 595 596 (a) Every person operating a moped 597 de�iee-on a public street or highway of the city shall wear a face 598 shield, safety glasses or goggles approved by the superintendent of 599 state police, or shall have his moped or gas -powered wheeled device 600 equipped with safety glass or a windshield at all times while 601 operating such vehicle; and any operator and any passengers 602 thereon, if any, shall wear protective helmets of a type approved 603 by the superintendent of the state police. 604 (b) Any person who knowingly violates this -&Section shall be 605 guilty of a traffic infraction and shall be subject to a fine of 606 not more than fifty dollars ($50.00). 607 COMMENT 608 This amendment removes the term "gas -powered wheeled device" from this Section, pursuant 609 to a change in state law that allows localities to require this type of safety equipment only for mopeds. 23 610 Sec. 7-50. Helmets required for riders of bicycles, electric 611 personal assistive mobility devices, electric power- 612 assisted bicycles and —eleetEie pewered --hee e 613 devices, motorized skateboards and motorized scooters 614 fourteen years of age or younger. 615 616 (a) Every person fourteen (14) years or younger shall be 617 required to wear a protective helmet which meets the standards 618 promulgated by the Consumer Product Safety Commission Standards 619 whenever riding or being carried on a bicycle, electric personal 620 assistive mobility device, electric power -assisted bicycle e 621 elee-tEi-e pewereel weeleel de-,4ee, motorized skateboard or motorized 622 scooter on any highway, street, sidewalk or bicycle path. 623 (b) A violation of any provision of this section shall be 624 punishable by fine of twenty-five dollars ($25.00). However, with 625 respect to any person riding or being carried on a bicycle, 626 electric personal assistive mobility device, electric-powered- 627 assisted bicycle e, eleetEie-pewerreEi wl:4eeled—Eiev4: , motorized 628 skateboard or motorized scooter, such fine shall be suspended (i) 629 for first-time violators or (ii) for any violator who, subsequent 630 to the violation but prior to imposition of the fine, purchases a 631 helmet of the type required by this section. 632 COMMENT 633 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 634 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 635 and "motorized scooter." 24 636 See 7-151. M rods and gas-peweEed wheeled-deviees net to be 637 epeEatedl by peEsens YtndeE S4AEteea; speedl !Imit, 638 idaenti-ffleatien -and-steel-ems a r-eel;penalty. 639 640 (a) New t-14 ••peels ne,- gas-pe6deiTel wi4ee1eel Eie:y4:e s sham -be 641 642 f a s t e, t-i4an tn4: Ety(9)FR4: I es p e,—tie a,ems--(:�-) jg y any p e,-s e j4 dam 643 tl3e age-ef ei teen (16) yea,-s . 644 (h) EzzeEy-peen d--4:vr:ng a FReped e,---a—Ejas-pewen-ed ;44ee 645 spa! 1 e a =z-y wJ.: 13 ki4:it seffiefe ,-m e 646 irei ides r�s naRte, adn--ess anEi date-eE biE:6h. 647 648 649 pe�--Ftanent deea.1 sr- st4:eken 6ai4:eh states 650 -(1) Thiat the ege,-atien of the FRepeeis e,- gas—pewe.-eEwheel-e4 651 Eieeiees-ems 114:gl+ways anEi pub!4:e area by jgeEsen unEie�— t 652 ag-e-ef: sd:iiteen (16)-4:s-pEelijb:ted by ; 4,-gdodaIajd-; 653 -(2) T-1 e faiid:ffiu - ie,-sepawen- of tl3e feped er- gas-peweE-e-d 654 w ici e e l eei eie v 4 e e-;anEi 655 656 daleee�:ed devj:ee R,ay be -d:EiEien. 657-(-4)—A �r}elat4sn of any pea s e e€ tl s e�et e s a�1 658 eenst4:tute-a-=,-a€fle inEaetien-punisl4abie by a f_ne e9 ne--FReEe 659 t 660 COMMENT 661 This amendment deletes provisions that have been incorporated by reference into City Code § 662 21-1. 25 663 See. :7 €} } Speeiel }ees for eleetwie peLesenai assistive 664 Mehili.ees, eleet " r^--►ss4:.ted b- eye es r---e 666 667 All elesta-16 peEseRal ass4:st4:ve me]}14ty Eiev:�ee-s-, 669 Eie;:;sees s I=t a 11 be e q-a wed ; t 14 sF4: 1 p--e e f, sea;eEi,, —a E g e l 670 batat-eE4:es. Pie--peEsen siiaIj at- any t��e-eE at any Ieet4:en E '4:ye an 671 e1eett}e peEsenal-assistj:�,Fe-i:ReJ9}44ty d i4ee, e, ee:tr; e-,ss; steel 672 bye eke eE e1eet-}e-pewc,-eEi wheeIeEi Eie�-,4e--fast-e� t1=,^ }we }.,-f; 1 6 7 3 (25) Fal1e s- p e,- hea,-. 674 (b) N e-pet s en-1 es s:6 h a n E G U Et e e n-(14-) yca,-s-e 9A spa 3TEr -ire 6 7 5 any el e e t-E} e-p eE s e nal a s s i s-tiSd e- ice= l4ty-Eiev4:ee , e!e e t,-} e-p e w e� 676 asslsteE-19}eyele eE eleetEie-pewee-eEi wl-,eeled��eice- unless -unEia^r 677 c=ie xrr¢Rearaze sl pc 7d sae of aperse�3--6ahe :is at- Ieast e4:g t— -en 4aT 679 (e) An elec:6,'dme—persenaI assiS:64:Tde faeb4!44 1 681 R41e s-per feu,- eE less. 682 COMMENT 683 This amendment deletes provisions that have been incorporated by reference into City Code § 684 21-1. 685 687 (a) E*eLayIew-sigeed ;aeIzt}eke 26 689-efee-te,-s, an eFfteiageneyes pa,-i4ng b,-a]Ee, af-e�Ete,-nall 690 e a� e6 a-=r�e ate-- era—t e cau��ba_� c a 691 baii�tdslz3ielEi, —ene (1) 9E faen--e bad:neisdielel wipe,-s,a speeEiefete,-, an 692 e4ei;Ret-ems ,-aki- g—€e,- eael;i bal:ieela-safe-4cy l9elt syst-eR�, aea-a 693 vel-iiele 4:Eient}t4:eetie ,-. 694 695 ti2ie-fa ii 4:Fte s p e e ei-:� s n e-gr- e a t ei t l�ie ( 9 5) FR:� lea 696 pe,- 19;at t� s 44Ritatiee sl4ell net--pr-ei4}Jqiz tie ef 697 699 700 en;y by pe,-seas wire �ei-ei�-,}veers 14:eenses-9,- lea,-n-ei's-pe,-mits- 701 }ssviee as-P,-8;=a:ded in V}Eg}nia Eerie § 46 2-999 et seq. 702 aeed--veii}eles shall Jae t}tleeanEi gd:ster-eEi as 703 704 705 ;,=e ��: e le sundeiF that e4pteLc. 706 (e) Ti;e-epe,-a:6e,- e€-any leba speed veI44:ele be; d en 707 ti}e--1:gl4 nays- s l:ial l ha �e �: n 144:s p e s s es s-1 ee�4:) the 708 eaEd-4 sire d-by -t lzie Eiep a,-tment e= stet e L-�el4}e l e s eE the Ee g:� s t =mot=o, 709 ean--Ei lsseeEi by tl3e-state en- eeuntr-y-�:n bad}eh-ti-,^iew-speed 710 a's Eeg-a:ste,--and 4�) I-,}s wive,-' s-14:eeese, lea neE' s pezFF��t, e 711 teRtpe,-ar-y ' s 44eense. 27 712 COMMENT 713 This amendment deletes provisions that have been incorporated by reference into City Code § 714 21-1. 715 716 See-7 51Speeial - v3s a is €er all-teEEain vehieles 717 (a) pie j:ei44:e;:e-s�aII Ig^ ep Yat-eEk � 718 (1) Gn any pu]q11e 44:g4 aay; eE ether-publie pEeperrt10 ei, i t- 719 (4:) as aethie E:�e e d lay tl4e e4zy-FRana g e a e E h 4 s-aiatl4eEiEe de ee 720 TxxTco �I:ie eiitent-neeessan-y te e,ess a-p4:119 721 a=-eet t-etite, eE--(4:4 ) bylaw-en€er-ee tent ef94:eei=s 722 e,-,-Eeseiae sq;-iad peEsennel L=espenEiing to ef,ereenezes- 723 (2) By any peEsen n4eE ti4e age of si teen (16) , eiieep:t-t 724 e ==QEei4 between the ages of twe=ire—(1.2) anEi sixteen (1:6) raj, 725 epeEate all to a} veI4}eles-pe ae,-ed by engines of ne less � 728 (9) By an�, qeEsen unless I:ie }s-wea,-i g a pEeteet}sae het -met -a€ 729 a :type appE Pere 4 Jy-ti;i e super 4: n ten eien t e f tl4e state -pa! } ee-€e,-u s e 730 1-ite-te Etc l.e r_=} e E 731 -(4) Gn--anetl4e�peEsen' s ;64e , ; �6teeeRs �r} 732 eft14e ewnen of tie-pLaeperrty e,- asii1ieitly autl4e,-:ieeEi by Iawi 733 (9) W}tha passeege,- at- --any t}i:Fte, and ss sueI 734 735 '1 ` ; 6e,-. 736 (b) Any Eete}l eET�Ting any I It-e,-Ea �:n-=z;ei:i- e I e sl}a:11 o f 4:�i 28 737 t-heretn, vAa-j-fry iat then e 4:fi a=g}pied the,-ete, a deea=-e- 738 s:64:e-!Ee,-;-appn-eued 19y tl:ie-s�ip,-yet-endent of t-14e s�a:6e pe!4eewjz�,j 739 e l ea,-! —an 4 e emle t o lystates t lki e—p er_ }z e e e R t ain e EJ q' 740 sabseetien-(a) of tI:i4:s seetde r- 741 (G Uzi ^l a-�64.An A€ any .:en of this seet4:en si�a�:I Ige 742 744 (E T-lie PE84isiens of tl=iet4}s see -tan shai! Ret appjy- 745 (1-) fie -any all ten-,-a4:n vet}ale being useEi �n eenjanet=en ;a t1:4 746 fay g aet4:v}t4esj anEi 747 (2) TeFftPR�be,-s e,-tie-1-,e:asel�eld e,- eRtpleyees ef- the ewneE o,- 748 Iessee of p,-j:*ate p=epe=tyen tiie vel4jel-e }s 749 p ,tze-4 750 COMMENT 751 This amendment deletes provisions that have been incorporated by reference into City Code § 732 21-1. 753 754 See. 7-52 . Regulatiens-pertaining to riding b-j eyeies , eleetEle 755 personal assisbive meblilbydeviees, eleetEle pewe-r 756 assisted bieyeles, eieetEi - ve ed wheeled devices, 757 gas med wheeled--de:viees and mepeds on roadways 758 759 ---�k� I pe sew-ep e ate} a 760 aes4-serve---tee--deviee, eleetr-ie- pewe,- ass�:steE—b4:eyele, 761 e4:eetEa:e-pewe,-eEi wl4 elect de-v�:ee,gas = pedde�eGi wheefie - ev4ee-e- 762 R�epe6 t pea a-eaeiway at Tess tl4an tie a•peeE4 e€ t,-a=fj:e at 7 6 3 J.aa 4: pRe-and-p l a e e-a n d eE ee n di t-j: e n stl:ten--A i i= s 4: a g sI-, a j j a s 29 764 el es e-a s--p n--a eta e a b l e t e-tl:i e g -e ;aL= b e i-- eEige-e € the -y 765 766 z1) l:�e9o=eEtak�:ng an6 passing and-:,.rel=t4:e!e p,-eeeed�ng ; F 767 see 768 (2) Wl:ien pEepaEing €eE a left tur-n at an �nteEsee€yen e,- inte 769 a-pr-e30=ate - e a d eEdE€veway-; anel 770 Tboa=iei= EeaseRablyReeessa-Ey to aye4:E—eeRel4:tiens el "'i" g J 771 k�u€ Ret l=m}€ed te, flifeEi eER�e�=l am-ep ee 772 � eles,peEjestr-laes, animals, stir-€teee IiaFa,-Eis-, eic subst ,. eiar-d 773 774 775 lane tee rra Aidze,a bseyel^e, elee-tr-d:e—pe,'senal-zassis;64:ye '"'ebilAA=- 776 aePxcecicc€Ele-pewerasslsted bleyele, eleet-3FIe pewe,-ed ._4,,...le 777 a v4!ee, gas pewe,-ed wl:ieeled Eie,,;wee-eE , -anEi aneti:ie,- vet}ele 778 pass sa€elysiele-by sidew-i hl tl:ie lane. 779 (4) vsrlien avedAing E4:6=ng 4:n a lane tl4t FRGt :6�ar-n e —Ei�e J 781 (5)6Aj�e n E}d l ng type n a -en e w ayre a d e 782 als-__tee as ==eaE tie left - hand eti=b er- e4ge-e€ sicieI4 i=eadway a& 783 safely p,--aet4: eable- 784 (b) Pe, -lens la g bleyeles, elee€,-le-pe,-sepal st; 785 R�eiql ee -ees eE eleet,-4:e pewe,--ass4:steEi b ^ ^'� upen a '4; Ejl4w-a , 787 1:�j:ghw ays set asieiefe E fie eii e l a si v e ici s P---e€— lq :iec l e s n e r s e r 30 789 =ne=,TeFRent of tEaff4:—sl:3all iRe6,;e 4: to a single file as 790 �3 e kl r es -I-- PEa et} eab iewl:ien ie i g- e ee ,-:6 a k e n fz ei:R t i4eicea,ig y a 791 fas-t-eF FRo-*i EJ—vei4eIe, anEi eat a laeeei -eaEiway, spaII -fele 4:n a 792 sie-g1e 9:4:Re- 793 re; ml,. ; }y F asgeE may designate—a--lane—fen toe e� SOLe 794 use--ef bieyeles, eieet�-iep,-sena! assis-time Fre]944izy—Eie,�}ees, 795 , 796 . 797 (EH ter-w4:-ths;6ieg tie feEegea:ng—PEe-4a:SIens; de=d:ng—z 798-eseEt—sensed—toe pEe:v}siens of seet}en 7-99.3 e= t =s e4apter- 799 ehaii appiyie t14e—eperat4:en of an eieez,-ie peEsena! ass=st4o=e 800 FReb1 ty Eie;i ep, eie et E i e- p eweE- a s s i s t eEi -b i eye l e, ei eetr-i e—p 9w eEe6 801 , 803 COMMENT 804 This amendment deletes provisions that have been incorporated by reference into City Code § 8 0 5 21-1. 806 809 mebility Eie�Fiee, elee4.nie—pewe: ass}steEi bieye:Ie, eieetEre-pewe�--ed 810 whieeied de�:;4:ee, gas—pewe wa ieeieei de= *:ee, e,- iaapeE4 maw--e�ver-tak.& 811 � pass anethe,— � ele en ei�e�}e ieft en r-ight s44e, stag and 812 }n—$1:4e sawe— lane as the evei=:takei=i ve,14iewe, er- ehtaeg}ng to a 31 813 644fEe,-ent Iane, eE d}ng eff the-EeadwaY as Reeessay 814safety. 815 (b) A e�-sen EiAing a Jaieyele, e,e t,r; a; sszst; 816 R:ie]94:1�zyEie-�-}ee; eleetEJ:e pewee assisteE4 194:ey le, e!ee-trot -i Y-,' 817 wxieelca deS-,4ee, gas-pewe,'ed 5dleeIedEiendd*:ee e,- Ffteped---may vex= 819 R�e-,effie nt t e ie-i:Ra d e 820 TeT --des e a a-�a g ace le,-e le 4:e scaea } ; .. 821 Rc9,19rsxcyac�*4ee, elee:6,-ie pewee ass4:steEi 19:�eyele e!eet";" "" i 822 wheex a vcv se, Ejao—pewe=eEi wi4ee1eEi deST�E-e ei' Repeel sl;;;11 iie 823 t ave! �eecween c e (2) Ianes eLE cr'af-f4:e fie--,4ng 4:n thie 2 8 2 4 a} ee a e i seep i. wl�i e E e-e ae-(1) I an a 4: fi a s epaina 4e 4E�ir-n I a ne- e E a 825 . 826 (4) EiEeep:6 as e;61-,eEw4:se- pr-e*:�EieEi 4:t-�id:s seet�:e , a-ge,-see 827 rg a i9eye1e, e=eetr-}e peEsenaI assist-:ive- 4:44ty Eie�4:e, 828 e_eet-n--=e pewe,--ass}steei lq!ieyele, eleetE} e,-e wheeled Eiev}ee, 829 E aspo e, eEi badeeIed Eie-v�ee e,- Ftepe6 sl:�alb eempIy w4A=h aq:4: Eul:e-s 830 apt-i eablet at�ie-6E i3i�eEef a met e E��ze h i:le--wkyen a e e,} a k:i g and r� 831 pa srS 3.: R 832 COMMENT 833 This amendment deletes provisions that have been incorporated by reference into City Code § 834 21-1. 32 835 See 7-52.2 Left trurns by bieyeles, eleetrele-peEeeea! assisti,z 836 meblity deviees, eieetrie eel ,.:..ye e , 837 eleetrie-peweEed wheeled Qeviees , gas-pewer-ed 838 wheeled device 839 840 -(a) A i Aa-sen -4:d�nq a 194:eyele, eleetr-4:e-pei-seeal assist, eve 841 , 842 wlee' ee eie*d:ee, ges-pewe,-ed w4iPeled dev}ee eLffieped and :�eteed}ing 843 846-dev4:ee, eleetEie gewe, ass:�steei b4:eyele; eleez,-4:e-pewen-ed 847 `_, eeled dev4:ee, gas pewe,-ed 64ieeleEi Eieviee eE Rteped 4:ntenei=ng4e 850 }nterseet}ng-eadiaay, tl4e-E:de,- shall eeiRply w}tlzi-t-Eaff4-e-signs e,- 851 s}gnals and eent4:aue-�i4:s tu.-n as elese asp,-aet=ealalete tl4e-E4:g4� 852 eti�Jb a�-- edge-ef tie—raaeiw y being _^}e,e - 853 -(e) Net6a4:thistand4-ng thie fe�-egging pEe-v}siens, the --ei-tt 854 manage,- i:aayeaase-e€€}eial #EEf€4:e eent,-e! dee4ees to de plaeedat 855 lnte,=seed4ees, aOrd--tl4erreby Eega}rre—anE 44:3=eet:hat—a e; f; 856 , 857 fed l l- t y ei e-; fees , e l eet E-e—pew e ,-=ass } eteEi lq�eyeles, el e et,-4:e- 858 pewees'ed ;;heelee d-esa4:ees, gas-pewen-ed ;44eeleEi Eieviees anEi R�epeeisT 8 5 9 and whien s ri eI4 d e�,L�: ee s a LQe se jqlaseEi, Re p eLasca fi s i4a= l ti-,-e--a 860 19�eyele, el-eet,-4:e—pe,-seaa;: assls4:;:;mobi!it} ElesaIee, e-feet:4: 33 861 , 862 - 1 863 by - eh E ev; - 8 64 COMMENT 865 This amendment deletes provisions that have been incorporated by reference into City Code § 866 21-1. 867 869 g�Fe�-ypeE s e n E} 6:� erg a b} eyed e, e4:eet,-re--peE s e na l aeei s i ry e 87C FRebd::I}zy-Eie�vL4:ee, eleetEie-pewez assisteE4 b4:eyele, eleet,-}e-gewe,-ed 871 w4 ee=eEae�}ee, gas- paweEeEi wheeled Eie*4:ee,Iew speed eh�e:Ie 872 FRgpca en a-}44:Ej } iay6d ;61i4!'3 the-eeEper'a;6eof the —e4:tr=h: 4 be 873 gTan�.-ed-a1:1thie Eights and shall be s� j eet t all the-Eiut-; e and 874 r-espens�:1�= zees appI4:eable to-t-he Ei,-4:ve,- e€ Rto:e,- veI ; e, es ,,nd^Y 875 t-Ire Iawsvet=ze state and c�ietzrraffIe a,-Ei4:i3anees of :614e—f4:tzy, 876 ezEeept as to tl:tesep�--e*±s ens 6ai:i4:eh, Igtear vest-e,-^, saii 14av 878 COMMENT 879 This amendment deletes provisions that have been incorporated by reference into City Code § 880 21-1. 882 Eve,-y peEsen -464!ng a b4:eye1e, e1eet,-4e-pesepal ass3st�Ve 883 Rteb}4}t e;}r=e;-eleet,-41:-ass3steel-is�eyele, eleetrrlr 884 vaz= eseeae, x ,figes=-pewe,ems--wheeIeEi Eiev4:ee, Iebd speeei ve�iieq:e—$� 34 886 and -44:gi;is-aeei w4!t-h aI�: 64: ee-�,zens by-�e4:ee, panel e, eti-,Era}se, 887 E ' fRk�eE of tl4e-pe!4:ee-depai=tatent of tl4e e4:ty.- 8 8 8 COMMENT 889 This amendment deletes provisions that have been incorporated by reference into City Code § 890 21-1. 891 892 See. 7 55 . Si naffs . 893 (a` Eve,-y epe�ae� e€a-i4:ewe4:e leetn-}e per-seealass4!st-SOLD 894 FRe�9 , ; -y. E'e�T4:ee, eleetEie 194:eyele, _ eleetn}e-pewerreei 895 wi�Pel:ed deviee, gas-peweEeEi wl4eeg:ed deva:ee e,- i;Reped w4a }etendst-a 896 baek, step, t-urn, GE Ne-s6= cccEn fEeR a 44:Eeet !�:ne-si4all f ' } see 897 that s;aeh tent e a n be iRad e-s of e I y and, wii en e;ve,- t hie-eperat4:e•nr 900 . 901 (ice A-signal-ef }ntent4:en to slew Eiawn, step, ttu�-n e,- pa,-jy 902 turn s4aII be-g}teen i9y a peEsee -}64:ng a bjeyeje, 903 el ee t,-J: e- p eE s e n eta s s s } u e—meb:� 1 4: t y - dez,,�ee,—eIestn -e—pe wee 904 ass}steel b:�eye4:e, e4:eet-E4:e-pewe:eel wl4ee1: eEi Eiee3i:ee, gas—pewer-ed 905 wi3ee4:eEi devwee eE FRepe Wl;ie�eveE t14e-Iaw€uI speeei :�s FRe e t=14ae 906 } -€ e---(3 5) gat}I es--p e E h e u E; sic- h s4: g 4: s s h a�4!-19e—g is v ee 907 =ei a a=stanee e�E— a least ene-�itndEeE-T199) feet, a�*d 908 �n a1I etl:ie�- eases at !east fifty 59) feet,-b€er-e s1ew4:ng dawn 909 , 910 net- Ige gx3i'ezx eent4:nueuslam', 44 t=te hanel 4:s needed -fin thce eent,-e! e-E 35 911 eper-atien of the 194eye1e, eleetr-}e peEsenal asslstia^ F^^'^; , ; t- ° l 912 dev:lee, eIeet� e peweE-assiSt-eEi bjeyeie, eleet-Ladme pewe,-ed 913 Ee��:ee, gespeweLaed whee:ed de3d4:ee, er--i:RejqeE4-- 914 -rcTthe—EeEege4:nq Ee3d�Siens of t r4:S sE'cca6Tr, 915 a-pe,-see epeLcat}ng a b}eyele, eleetF}e pe,-sena! ass:�stive me]9; , ; t- 916 de vie e , el e et n--l-epew er--a es}she Ei b-1 eyele,-e-le-etLa4:e i e, 917 eievj ee,gas-pewe,-eEi wheeleEi Eievirse e 918 eE pttlTte the -}ght by eiitenEi}ng t Te--1Ej--14anEi-and e-- � 920 beyesd the-}gbt-siEie-ef the-bleyele, eieetEle peiFsenal-assisti�,� 921 iteb}l-i--Eie�lee,e-leeEit-peweE assist-eei bleyel^ e, ee} - „ --e�' L 922 wheezca acaaee, gas -pewee ei wl:ieeleei Eieid4:ee—ei , 923 s=e;4ng dewR eE steppj:ngb e�i;6end4:ng tl,, yIz:6&ER:ielewnwaEEi. 924 COMMENT 925 This amendment deletes provisions that have been incorporated by reference into City Code § 926 21-1. 927 928 See ? 56 Use e€ seat requiEed; 929 -(a) A persen epe,-at}ng a bieyele, eleetEa:epeEsonal ; s};T-e 930 meb4l}t-dev}ee, eleet,-le pewe,- assisted bieyele, eleetEie -i a r—' 931 wheezed Eiev4:ee, g-ashe6aened 6di:iee1ed deTd�ee—eE ffieped sl:iall net -4: re 932 of =e: tian upen e,- ast,-ide a-peEFaaeent and reqla,- seat attaee 933 :r==eEet=9 anIess the 9 elzi}ele }s eee-(1) Eiesigneel fen eper-atle in -, a- : standing pes t i -n 935 (-}3 )—Pdo-q �-eyc le , ^c-recces-e—p^c,-.s e-na z--ccs s3 s .. i... .....b ! ; _ t 1 - -"; 36 936 , 937 938 939 ,a n ei equ4zpped, eiie ept thatan ep e E a t l ng a b�eyeIe faj 940 eh4:16Iess—than s}�E (6) leas e;:ei �fsuel=, el-�Ej j:s seeun-e3-y 941 a:6:6aeheei te-t-I=te-b}eyele A:n a seat eE-t-Ea4:IeE eies4gneEi gem 942 e ; 1 6,-e 943 COMMENT 944 This amendment deletes provisions that have been incorporated by reference into City Code § 945 21-1. 946 947 See 7 57 RideE te-lr-eepeae hand en haadlebaEs 949 FRebd::I}ty eleiiee, e1eet-ic�e pewe�- ss4:steEi bieyele, eleetEal:G-Pewe 950 , 951 naelEage, bundle -ems artiele tkat p,-events tie--el�}ver- E of 3Eeep3:ng at- 952 Ieast ene (1) liand-apen-tl4e E', b 9 5 3 COMMENT 954 This amendment deletes provisions that have been incorporated by reference into City Code § 955 21-1. 956 957 Sec. 7-58. Duty te— step -he€eL-e eressing, Sidewalk er- sidewalk 958� area. Operation of other wheeled devices. 959 960 Een--y 961 meb; , ; }y de,.; e, e1ee:�,-ie paweE--atesisteel bieyele, eleetEre-pewee -ed 962 ba 4 e e l eel-ele-�} we,-eei wl:�e e l e E4 ele4 is ee-e E i:teepeel eat 99 a lane-, 37 963 alley eE pici vat e 6,-i v ewatea ewes s a s ide el k-ei= sj!Eiew=-> k , r e , h , l 964 br:ng saeh wa eeled debt}ee e,-S�ehiele to a step 19e€ere-e,-essing 965 si e l-k er s4n-dewal4c-area. Unless specifically authorized by Title 966 46.2 of the Code of Virginia or this Chapter, it shall be unlawful 967 for any person to operate any type of wheeled device or vehicle on 968 anv Citv street, in the Resort Area or at Town Center. COMMENT 970 This amendment deletes provisions that have been incorporated by reference into City Code § 971 21-1. Additionally, this section also explicitly provides that it is unlawful to operate any wheeled device 972 on city streets, in the resort area, or at Town Center, unless operation of the vehicle is specifically 973 authorized either by state law or by the provisions of this City Code chapter. 974 975 Sec. 7-59. Regulations pertaining to riding on city sidewalks and 976 bicycle paths other than the resort area. 977 _ 978 (a) It shall be unlawful for any person to ride a moped &-,- 979 gas-pewe�-eEi i4iee'le 'i^"="= or motor -driven cycle on any sidewalk or 980 designated bicycle route within the &City. 981 (b) Except as otherwise provided in this &Chapter, riding a 982 bicycle, electric personal assistive mobility device, electric 983 power -assisted bicycle, er eleetrie ewered wl;ieeleel --Ei 984 motorized skateboard or motorized scooter is permitted on the 985 sidewalks and designated bicycle paths of the eCity. 986' (c) A person riding a bicycle, electric personal assistive 987 mobility device, eleetEie-purer eei —w#ee lei de 7,4 e& motorized 988 skateboard, motorized scooter or electric power -assisted bicycle 989 upon and along a sidewalk, or across a roadway upon and along a 38 990 crosswalk, shall yield the right-of-way to any pedestrian, shall 991 give an audible signal before overtaking and passing such 992 pedestrian, and shall dismount and walk the bicycle, electric 993 personal assistive mobility device, eleet�4:r=pe•eN^d wi�eeleEiEi el 994 motorized skateboard, motorized scooter or electric power -assisted 995 bicycle when necessary to avoid physical contact with any person; 996 and 997 (d A p�-sen 3--}erg--a bieyele, eleeta le- eEsena! assls ive 998 Rtebj:l}ter devie wheeled device-e,- eleet,-le pe;;e, 999 1000 IdPen aiid aleng a eEesswalk, small have a!! E4:gl4ts-and dtitles ef--& 1001 pedest,-}an undeE the-saffie e-lEe��stanees. 1002 4-e}(d) A violation of subseet}ea—rep—eE (Ei) of this seetie 1003 this Section shall be punishable by a civil penalty of not more 1004 than fifty dollars ($50.00). 1005 COMMENT 1006 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 1007 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 1008 and "motorized scooter." The amendment adds "motor -driven cycles," which is a new category of 1009 vehicles from the revised State Code. This amendment also deletes provisions from the Code of 1010 Virginia that have been incorporated by reference into the City Code at § 21-1. 1011 1012 The City Code currently does not permit gas -powered wheeled devices to be operated on City 1013 sidewalks. Because of a change in state law, motorized skateboards or motorized scooters (the new 1014 descriptors for "gas -powered wheeled devices") must be permitted on City sidewalks. Motor -driven 1015 cycles, however, may not be operated on City sidewalks. 1016 39 1017 Sec. 7-59.1. Regulations pertaining to riding wheeled devices or 1018 vehicles in the resort area. 1019 (a) During the resort season, it shall be unlawful for any 1020 person to ride an electric personal assistive mobility device, 1021 electric power -assisted bicycle, eleet-Ei—pewe,-edwl:4eeled de:v4zee, 1022 moped, e,- a--g-es-ewe,-ed wl4eeled ee motorized skateboard or 1023 motorized scooter on Atlantic Avenue. 1024 (b): It shall be unlawful at any time for any person to ride 1025 on any sidewalk in the resort area an all -terrain vehicle, a 1026 bicycle, electric power -assisted bicycle, electric personal 1027 assistive mobility device, el-eet,-ie e,-edwhieeleEi de-vlee, - as- 1028 n-_eelwl:�ee�:ed device; motorized skateboard, motorized scooter, 1029 skateboard, scooter, or any pedal -powered vehicle that is muscle- 1030 powered or any muscle -powered device. However, the use of roller 1031 1032 blades section and roller skates shall be punished is permitted. A violation of this sub- by a civil penalty of not more than fifty 1033 dollars ($50.00). 1034 COMMENT This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." As required by state law, violations of this section may be punished by a civil penalty of not more than $50. 1035 Sec. 7.-59.2. Regulations pertaining to riding on the beach, upon 1036 sand dunes, or the boardwalk. 1037 (a) It shall be unlawful for any person to ride on the beach, 40 1038 upon sand dunes or on the boardwalk a motor vehicle, an all -terrain 1039 vehicle, a bicycle, electric power -assisted bicycle, electric 1040 personal assistive mobility device, eleet,-:� e-pawen-ed wi4ee1e-d 1041 de3t4ee, gas-paweEed wheeled- ie*iee, motor -driven cycle, motorized 1042 skateboard, motorized scooter, moped, scooter, skateboard or a 1043 pedal -powered vehicle that is muscle -powered or any other muscle- 1044 powered device, unless specifically authorized in a special event 1045 permit. 1046 (b) The use of roller blades and roller skates on the 1047 boardwalk is permitted. 1048 (c) The use of electric personal assistive mobility devices 1049 on the boardwalk is permitted pursuant to a temporary permit 1050 authorized by the City Manager. A temporary permit may be issued 1051 for a pilot program offering guided tours on the boardwalk, between 1052 the hours of 6 A.M. and 12 noon, utilizing electric personal 1053 assistive mobility devices. Specific provisions for the temporary 1054 permit will be developed by the City Manager. The provisions of 1055 this subsection shall expire on September 30, 2006. 1056 COMMENT 1057 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 10 5 8 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 1059 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 1060 vehicles from the revised State Code. 41 1061 Sec. 7-59.3. Regulations pertaining to riding wheeled devices or 1062 vehicles on the grassy area or bicycle path adjacent 1063 to the boardwalk and oceanfront parks and plazas. 1064 (a) It shall be unlawful for any person to ride on the 1065 bicycle path adjacent to the boardwalk an all -terrain vehicle, 1066 electric personal assistive mobility device, electric power- 1067 assisted bicycle, eleet,-4:e-peweEe4 wheeled Eieu}Ee, 1068 ;44ee-'1-d }tee; motor -driven cycle, motorized skateboard, motorized 1069 scooter, moped, roller blades, roller skates, scooters or 1070 skateboards or a pedal -powered vehicle that is muscle -powered or 1071 any other muscle -powered device other than a bicycle as defined in 1072 this chapter. 1073 (b) It shall be unlawful to ride an all -terrain vehicle, 1074 bicycle, electric personal assistive mobility device, electric 1075 power -assisted bicycle, eleetLad:epewe,-eel wheeled dee4:ee,gas- 1076 p weL=e' "Feel"'' - e-,,ice- motor -driven cycle, motorized skateboard, 1077 motorized scooter, moped, roller blades, roller skates, scooters or 1078 skateboards or a pedal -powered vehicle that is muscle -powered or 1079 any other muscle -powered device on the grassy area adjacent to the 1080 boardwalk and the oceanfront parks and plazas. Provided, however, 1081. that bicycles are allowed in the oceanfront plazas for the purpose 1082 of accessing the bicycle path adjacent to the boardwalk. 1083 (c) Surreys shall be permitted on the bicycle path and the 1084 oceanfront plazas subject to the provisions of this eChapter. 42 1085 (d) For purposes of this -&Section the term "oceanfront parks" 1086 refers to the grassy and non -grassy areas of the parks located at 1087 7th, 13th, 17th, 24th, 25th, and 31st Streets. The term "oceanfront 1088 plazas" or "plazas" refers to the paved areas connecting Atlantic 1089 Avenue to the bicycle path. 1090 COMMENT 1091 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 1092 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 1093 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 1094 vehicles from the revised State Code. 1095 Sec. 7-59.4. Regulations pertaining to riding wheeled devices in 1096 Town Center. 1097 (a) _It shall be unlawful for any person to ride on any 1098 sidewalk or plaza in the Town Center an all -terrain vehicle, 1099 bicycle, electrical personal assistive mobility device, electric 1100 power -assisted bicycle, elee4t,-4:E-paweEed wa eeleel 4e-viee, gas 1101 pewen-.ed wl:ieeled de*4:ee7motor-driven cycle, motorized skateboard, 1102 motorized scooter, moped, roller blades, roller skates, scooters or 1103 skateboards, or a pedal -powered vehicle that is muscle -powered or 1104 any other muscle -powered device. 1105 (b) For purposes of this &Section, the term "Town Center" 1106 means the area bounded by and including the sidewalk on the south 1107 side of Virginia Beach Boulevard, the Norfolk Southern Corporation 1108 property line, the sidewalk on the east side of Independence 1109 Boulevard, and the sidewalk on the west side of Constitution Drive. 43 1110 (c) A violation of this Section shall be punished by a civil 1111 penalty of not more than fifty dollars ($50.00 1112 COMMENT 1113 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered 1114 wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" 1115 and "motorized scooter." The amendment also adds "motor -driven cycles," which is a new category of 1116 vehicles from the revised State Code. As required by state law, violations of this section may be 1117 punished by a civil penalty of not more than $50. 1118 Sec. 7-59.5. General provisions applicable to -&Sections 7-59.1 1119 through 7-59.5. 1120 (a) For purposes of -&Sections 7-59.1 through 7-59.4, the term 1121 "scooter" is a muscle -powered device having two (2) or more wheels, 1122 a platform on which the rider stands, and a steering mechanism such 1123 as handlebars. 1124 (b) The provisions of &Section 7-59.1 through 7-59.4 shall 1125 not be applicable to the use of baby carriages, strollers or 1126 related modes of transportation of infants, or the use of 1127 wheelchairs and wheelchair conveyance used for the transportation 1128 of disabled persons or electrical personal assistive mobility 1129 devices,- electric power -assisted bicycles or elm ,-ie—peweEeEi 1130 seatea motorized scooters equipped with a seat used for the 1131, transportation of disabled persons for either a (i) state -issued 1132 placard for the disabled has been issued and is prominently 1133 displayed thereon or (ii) special decal has been issued by the city 1134 pursuant to section 7-25 and is prominently displayed thereon. 44 1135 (c) The prohibitions set forth in -&Sections 7-59.1 through 7- 1136 59.4 shall not be applicable to city employees or city contractors 1137 on officials business, or to employees of any franchise or 1138 permittee authorized to provide services at Town Center, or on the 1139 beach, boardwalk and adjacent bicycle path, oceanfront parks and 1140 plaza, while on duty, or when authorization is granted by the c-City 1141 FRManager or his designee for special events. 1142 COMMENT 1143 Pursuant to a change in state law, this amendment replaces the term "electric -powered seated 1144 scooters" with the term "motorized scooters equipped with a seat." 1145 Sec. 7-60. Reckless riding; speed. 1146 (a) No person shall ride a bicycle, electric personal 1147 assistive mobility device, electric power -assisted bicycle, 1148 eleet,-J':e-pewe,-ed ;. heeled Eie3itee, gas-pawe�-_eel wa eeled eie*ire 1149 motorized skateboard, motorized scooter, low -speed vehicle or moped 1150 recklessly or at a speed faster than is reasonably proper, or in a 1151 manner so as to endanger the life, limb or property of the rider or 1152 of any other person. 1153 (b) It shall be unlawful for any person to use or operate 1154 roller blades, roller skates or any similar devices on wheels or 1155 runners whether such use is permitted or not, recklessly or at a 1156 speed faster than is reasonably proper, or in a manner so as to 1157 interfere with pedestrians or to endanger the life, limb or 1158 property of the rider or any other person. 45 1159 COMMENT This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." 1160 Sec. 7-61. Racing. 1161 (a) Bicycle, electric personal assistive mobility device, 1162 electricpower-assisted bicycle, eleetEie pewe�-ed wlieeleE 'e-t4ee 1163 g-as ned w— eeged de i-ee, motorized skateboard or motorized 1164 scooter, low -speed vehicle or moped racing on the highways is 1165 prohibited except as authorized in this -&Section. 1166 (b) Bicycle, electric personal assistive mobility device, 1167 electric power -assisted bicycle, elee;t-Eie pewerreEi 1168 motorized skateboard gas „e --_ee wl:�eel_ed ` ev" :e^ motorized scooter, 1169 low -speed vehicle or moped racing on a highway shall not be 1170 unlawful when a racing event has been approved by the c-City 1171 R4Manager on any highway under the jurisdiction of the &City. 1172 Approval of bicycle, electric personal assistive mobility device, 1173 electric power -assisted bicycle, e-leetri-powered wl=teeledelev4:ee 1174 motorized skateboard gas pewe,-eei wheeled Eievieem motorized scooter, 1175 low -speed vehicle or moped highway racing events shall be granted 1176 only under conditions which assure reasonable safety for all race 1177 participants, spectators and other highway users, and which prevent 1178 unreasonable interference with traffic flow which would seriously 1179 inconvenience other highway users. 46 1180 (c) By agreement with the approving authority, participants 1181 in an approved bicycle, electric personal assistive mobility 1182 device, electric power -assisted bicycle, eleet-e-pewe-red wll4eeleei 1183 Qe;:==ee motorized skateboard, -1 ewei=ed whieeleel Eiev4:c_ motorized 1184 scooter, low -speed vehicle and moped highway racing event may be 1185 exempted from compliance with any traffic laws otherwise applicable 1186 thereto, provided that traffic control is adequate to assure the 1187 safety of all highway users. 1188 COMMENT This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." 1189 Sec. 7-62. Clinging to vehicles. 1190 No person riding upon any bicycle, electric personal assistive 1191 mobility device, electric power -assisted bicycle, e!eetn-4:e_peweEeeI 1192 ;wheeled devj:r=gas—pewe,-eEi wheeled viee, motorized skateboard, 1193 motorized scooter, low -speed vehicle, moped, roller skates, 1194 skateboards, toys, other devices on wheels or runners shall attach 1195 the same or himself to any moving vehicle upon a roadway. 1196 COMMENT 1197 This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." 47 1198 Sec. 7-63. Parking of bicycles and other wheeled devices. 1199 (a) Except as otherwise prohibited or restricted by an 1200 official traffic -control device, a person may park a bicycle, 1201 electric power -assisted bicycle, electric personal assistive 1202 mobility device, elegy: e pewe�-_eEi wheeled dew}ee, 1203 wlzieel eEl ele4 ee motorized skateboard, motorized scooter, or moped on 1204 a sidewalk in such manner so as to not impede the normal and 1205 reasonable movement of pedestrian or other traffic. 1206 (b) Except as otherwise prohibited by this Code, a bicycle, 1207 electric power -assisted bicycle, electric personal assistive 1208 mobility device, elee-t�-}e-peweEed wheeled dev}ee, 1209 wl4ee ee Eie;: ee motorized skateboard, motorized scooter, low -speed 1210 vehicle or moped may be parked on the roadway at any angle to the 1211 curb or edge of the roadway or abreast of another such wheeled 1212 device or vehicle, but in such manner so as not to (i) impede the 1213 normal and reasonable movement of vehicular or pedestrian traffic, 1214 or (ii) obstruct the movement of a legally parked motor vehicle. 1215 COMMENT This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." 1216 Sec. 7-64. Use of earphones while operating a bicycle, electric 1217 personal assistive mobility device, electric power- 1218 assisted bicycle, eleetrie.owere ! wheeled deviee, 1219 gas -powered wheeled device motorized skateboard, 1220 motorized scooter or moped. 1221 48 1222 (a) It shall be unlawful for any person to operate a bicycle, 1223 electric personal assistive mobility device, electric power- 1224 assisted bicycle, elec- -4e peweEed wl-,eeled deviee, gaS-Pewe,ed 1225 wheeled Eiev 8e motorized skateboard, motorized scooter or moped on 1226 the highways in the city while using earphones on or in both ears. 1227 (b) For the purposes of this -&Section, "earphones" shall mean 1228 any device worn on or in both ears that converts electrical energy 1229 to sound -.waves or which impairs or hinders the person's ability to 1230 hear, but shall not include any prosthetic device that aids the 1231 hard of hearing. 1232 COMMENT This amendment replaces the terms "electric -powered wheeled device" and "gas -powered wheeled device" with the new Code of Virginia descriptors of these vehicles: "motorized skateboard" and "motorized scooter." 1233 1234 BE IT FURTHER ORDAINED: 1235 That this ordinance shall become effective on July 1, 2006. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2006. APPROVED AS TO CONTENT: Police Department APPROVED AS T LEGAL SUFFICIENCY: Cit orne 's ice 49 CA10041 H:\PA\GG\OrdRes\Proposed\Chapter 7 ORD R-9 June 19, 2006 50 City of Virginia Beach Virginia Official Guide to the Operation of Bicycles and Other Wheeled Devices July 2006 1 The City of Virginia Beach,. in the interest of protecting public safety and pursuant to the authority granted under Virginia Code Section 15.2- 2028, regulates the operation of bicycles and other wheeled devices. In Chapter 7 of the City Code, and Title 46.2 of the State Code which is incorporated at § 21-1 of the City Code. The following guide is designed to help the public become familiar with the City's regulatic z Questions and Answers: ,eI What kind of wheeled devices are regulated? Title 46.2 of the State Code has numerous classifications of wheeled devices such as all - terrain vehicles, bicycles, electric personal assistiv_e mobility devices (e.g. Segways), electric power -assisted bicycles, motorized skateboards/scooter (e.g. Razors, electric seated scooters, electric -powered mini choppers, electric powered go-peds and similar devices), motor -driven cycles (e.g. gas -powered pocket bikes, gas -powered mini choppers, gas -powered go-peds, golf carts, low -speed vehicles and mopeds (seated scooters, gas -powered go- peds). Surrey is defined in Chapter 7 of the City Code. For complete definitions, see § 7-1 of the City Code for "Surrey" and § 46.2-100 of the State Code. 3 uestions and Answers: Does Virginia Beach regulate the use of roller blades, roller skates and skateboards? Yes. Those devices, which include the California Chariot, are regulated in Chapter 7 and Section 21- 464 of the City Code. Where can you operate roller blades, roller skates, skateboards and similar devices on wheels and runners? None of these devices are allowed on City streets. Roller blades and roller skates: Allowed on City sidewalks and bike paths, Resort Area sidewalks and Boardwalk. Prohibited on the bike path adjacent to the Boardwalk. Skateboards and similar devices on wheels and runners: Allowed on City sidewalks and bike paths. Prohibited on Resort Area sidewalks, Boardwalk and bike path adjacent to the Boardwalk. M questions and Answers: Can I ride my bicycle, Segway, moped, mini chopper, Razor, or motorized scooter/skateboard in the Resort Area? It depends. There are restrictions governing the operation of these devices in the Resort Area and Town Center. (Section 7-59.1 through 7-59.4) The bicycle path adjacent to the Boardwalk and oceanfront plazas are reserved for bicycle and sur- rey traffic. The grassy area adjacent to the Boardwalk and oceanfront parks are reserved for pedestrian traffic only. Pedestrians, electric personal assistive mobility devices (Segways, subject to restrictions in § 7- 59.2.c.), roller blades, roller skates, wheelchairs and wheelchair conveyances used for disabled persons, baby carriages, strollers or related modes of trans- portation for infants are allowed on the Boardwalk. 5 luestions and Answers: Can I ride my bicycle, Segway, moped, mini chopper, Razor, or motorized scooter/skateboard in the Resort Area? (cont'd) From May 1 through September 30, traffic on Atlantic -Avenue is limited to motor vehicles, trol- leys, low -speed vehicles and bicycles. No wheeled device or vehicle, whether motor- ized or non -motorized, may be operated at any time on the sidewalks in the Resort Area except roller blades and roller skates. A map depicting the Boardwalk and adjacent bi- cycle path and grassy area, the oceanfront parks and plazas is attached at the end of this Guide. 0 Questions and Answers: What about low -speed vehicles? Low -speed vehicles, as defined by State Code § 46.2-100, may be operated on City streets with a posted speed limit of 35 m.p.h. or less, which includes Atlantic and Pacific Avenues. Additionally, the operator of a low -speed vehicle must have a driver's license. Can I ride my ATV on the Beach? No. No wheeled devices are allowed on the Beach except for wheelchairs and wheelchair conveyances used for disabled persons and baby carriages, strollers or related rr transportation for infants. mestions and Answers: I see ATV's and golf carts on the Beach and Boardwalk driven by lifeguards and City employees. Is that allowed? Yes. The restrictions found in Sections 7-59.1 through 7-59.3 of the City Code do not apply to City employees or City contractors on official business, employees of any franchisee or permitee authorized to provide services on the Beach, Boardwalk, oceanfront parks and plazas while on duty or where authorization is granted for special events. E:3 I Questions and Answers: I am disabled, but I don't use the traditional wheelchair or moped -type scooter. Will I get a ticket if I use a personal assistive. mobility device, an electric power -assisted bicycle or non-traditional moped -type scooter in the Resort Area? No. You will not get a ticket if you have a special decal issued by the City or you use a state -issued placard for the disabled if it is permanently displayed on the above - mentioned devices. You can apply for a special adhesive decal for an electric power -assisted bicycle, a moped -type scooter or a electric personal assistive mobility device at the City Treasurer's Office. You must also present either (i) a physician's letter or (ii) a City of Virginia Beach Medical Certification Form certifying that you are disabled. The Application form and the Medical Certification Form are provided at the end of this Guide and may be downloaded for your convenience. There is a one-time cost for the decal of $1.00. (Sections 7-24 and 7-25) If you have such special decal or a state - issued placard for the disabled, these specified wheeled devices and vehicles may be used by a disabled person where such operation is otherwise prohibited. .w._1 Questions and Answers: Why are there age limits and safety equipment requirements for bicycles and other wheeled devices? In the case of ATVs, mopeds and motorized- skateboards/scooters, the age limits and safety requirements are mandated by State law. With respect to helmet requirements for the operation of bicycles, electric personal assistive mobility devices, electric power - assisted bicycles and motorized skateboards/ scooters, the State Code allows the City to require persons aged 14 or under to wear a pro- tective helmet. (Section 7-50) 10 Questions and Answers: My child is 12 years old. Does this mean I can't buy my child a Segway, Razor, motorized skateboard/scooter or ATV? If your child is under the age of 14, the child may operate a Segway, Razor, electric powered -assisted bicycle or motorized skate- board/scooter so long as he or she is super- vised by an adult. (State Code § 46.2-908.1) A child must be 16 years or older to operate a moped, golf cart or low -speed vehicle. (State Code §§ 46.2-914, 46.2-916.3, and 46.2- 908.3) Generally, a person must be 16 years old to op- erate an ATV. However, if the ATV is powered by an engine of no less than 70cc nor more than 90 cc displacement, a person as young as 12 years old may operate the AN. (State Code §46.2-915.1) 11 uestions. and Answers: What is the difference between a "moped," a "motor -driven cycle" and a "motorcycle?" - Whether gas or electric powered, a "moped's" engine displaces less than 50 cc's of power; a "motor -driven cycle's" engine displaces less than 150 cc's of power, can travel at speeds of at least 35 m.p.h. and is not required to be licensed with the Department of Motor Vehicles (D.M.V.) and may never be operate on City streets; a "motorcycle" is every other motor vehicle designed to travel on not more than three wheels in contact with the ground, (except a farm tractor) and must be registered with D.M.V to operate legally on City streets. (See State Code § 46.2-100) 12 Questions and Answers: am not sure I understand what the Definitions in State Code § 46.2-100 really mean. The following picture guide represents a sampling of some of the devices regulated by the City Code. The guide also outlines the ba- sic regulations. This is not a complete guide of all wheeled devices. However, any wheeled device that does not specifically match one of the following classification may not be operated on City streets, in the Resort Area or at Town Center: 13 uestions and Answers: I'm still confused .... what classification is my device? Is there an easier way to understand this? Start with asking the following four questions: 1. Does your device have a seat? 2. How many wheels does it have? 3. What is the maximum speed limit/power output of your device? 4. Is your device human -powered, gas -powered or electric powered? Once you have answered these questions, you can use the following device classification matrix to determine the classification of your device. 14 Standards for Classification of Wheeled Vehicles W 4) Q N \ Q' V U U 0 U = � a) N C O Q 0 >, o m O ° Z Z c- CO IT m —m W Q Q Q E 5 Q — Q _ CCc� �n Q w y z z z o \ Z > Z > �w a) \ z >,a�i mo Q =� (D "O Q (6 O d > C SO (n V ai L L V U Q Q m a � 0 + v � 0 a d Q E Q E v v d o n Z Z N U a) C N U O Z Z Z Q W D W vl o o N Cu Q _L) LO ch `- M v l _ LO CL to Q- II II N N 0 p W v l LL e- N aN Z Z Z Z Z C O O Q Z a� aD Q a E a E Q) ° Q y } } } } } O >- } z Z } z ` IO Al nl J CD E W a W (D N cc M Q M Q M Q >' c vl Z vl Z vl c Q Z M m Q *k N o z a) _ L L 5 Cn CD m OE n OW Cn y c) > CD E � Cu V Z C Q a = In y a W CO c� L Z > -° 0 Q (� > Q o U N 70 a) L a) Cu > O C f0 a) C 3 C >+ > LL (n 3 _V a O > L i O cYi) O > OL a) C U > N _v m L— ao O dm O O a) y U m� >1 _ L o N 0 �p Q "E o 75 0 U U H U N Q C W L z LLJ 15 � Questions and Answers: What if I still have questions? Please call one of the following agencies: Resort Area: Visitors &Convention Bureau (757) 385-4700 Second Precinct Police (757) 385-7660 For Specific Public Safety Questions Regarding Wheeled Devices onl General Questions: Office of the City Manager Office of the City Attorney (757) 385-5020 (757) 385-4242 (757) 385-4531 If you want to report a violation, please call Police Department Non -Emergency: (757) 385-5000 16 Wheeled Device Classifications Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Bicycle Bicycle 2 or more in tandem No No No No Yes, < 14 helmet 17 Wheeled Device Classifications Electric power - assisted bicycle Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Electric -power assisted -bicycle <3 No Yes (>14 unless supervised) No No Yes, < 14 helmet Yes/No on Atlantic Ave during Resort Season Yes, see City Code § 7-59.1 W3 11 Wheeled Device Classifications California Chariot Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Skateboard 3 No No No No No No Yes, see City Code through § 7-59. Q, Wheeled Device Classifications Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Segway Electric personal assistive mobility device 2 non -tandem No Yes (> 14 unless supervised) No No Yes, < 14 helmet Yes, posted speed limit, 25 mph or less Yes, see City Code § 7-59.1 through § 7-59.3 20 Wheeled Device Classifications Scooter (stand up) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions (electric) Motorized skateboard/scooter 2 No Yes (> 14 unless supervised) No No Yes, < 14 helmet Yes, posted speed limit < 25 mph and no sidewalk Yes, see City Code § 7-59.1 through § 7-59.3 21 Wheeled Device Classifications Scooter (seated)(electric) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped 2 No Yes (> 16) No No Yes, face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 22 Wheeled Device ( lassification! Mini -chopper (electric) Classification # wheels . Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped if < 50cc's displaced 2 ID only >16 No No Yes, face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 23 Wheeled Device Classifications Mini `pocket" bike Classification # wheels . Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions (electric) Moped if < 50cc's displaced 2 ID only Yes (> 16) No No Yes, face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 24 Wheeled Device Classifications Razor E-punk (seated) (electric) Classification # wheels - Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped if < 50cc's displaced 2 ID only Yes (> 16) No No Yes, face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 25 ._� Wheeled Device Classifications Razor (electric) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Motorized skateboard/scooter 2 No Yes (> 14 unless supervised) No No Yes, < 14 helmet Yes, if posted < 25 mph and no sidewalk Yes, see City Code § 7-59.1 through § 7-59.3 26 Wheeled Device Classifications Scooter (stand up) (gas) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Motorized skateboard/scooter 2 No Yes (> 14 unless supervised by adult) No No Yes, helmet Yes, if posted speed < 25 mph and no sidewalk Yes, see City Code § 7-59.1 through § 7-59.3 PA E'l Wheeled Device Classifications 0. 5 Scooter (seated) (gas) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped if < 50 cc's displaced 2 ID only Yes (> 16) No No Face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 28 Wheeled Device lassificatio, Mini chopper (gas) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped if < 50cc's displaced 2 ID only Yes (>16) No No Face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 29 Wheeled Device Classifications Mini `pocket" bike Classification # wheels - Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions (gas) Moped if < 50cc's displaced 2 ID only Yes (> 16) No No Face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 30 Wheeled Device Classifications Moped (gas) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Moped if < 50cc's displaced 2 ID only Yes (> 16) No No Face shield, safety glasses or goggles or windshield, helmet Yes Yes, see City Code § 7-59.1 through § 7-59.3 31 Wheeled Device Classifications Kamikaze Board Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Motorized skateboard/scooter 4 No Yes (> 14 unless supervised by adult) No No Helmet Yes, posted speed limit < 25 mph and no sidewalk Yes, see City Code § 7-59.1 through § 7-59.3 32 Wheeled Devi Classifications All -terrain vehicle (ATV) (gas) Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions All terrain vehicle gas or diesel 3 or 4 No Yes ( > 16, see State Code §46.2-915.1) No No Motorcycle helmet No, see State Code § 46.2-915.1 Yes, see City Code § 7-59.1 through § 7-59.3 33 Wheeled Device Classification Low -speed vehicle Classification # wheels Drivers License Age Restriction driver Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Low -speed vehicle 4 Yes Yes, must be a licensed Yes Yes Yes, see State Code § 46.2-908.2 Yes, with posted speed limit of 35 mph or less Yes, see City Code § 7-59.1 through § 7-59.3 Wheeled Device Classifications Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Golf cart Golf cart 4 Yes 16 No No Slow moving vehicle sign No, unless street designated by City Council Yes, see City Code § 7-59.1 through § 7-59.3 35 Wheeled Device Classifications Classification # wheels Drivers License Age Restriction Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions Surrey Surrey 4 No (Yes, > 14 unless supervised) No No No Yes Yes, see City Code through § 7-59. 36 Wheeled Device Classifications Wheelchair and Wheel Chair Conveyance Classification # wheels Drivers License Registration Required Insurance Required Safety Equipment Legal on Street Resort Area Restrictions 37 Wheelchair 3or4 No No No No No, okay on sidew; No, w/decal i� l I _ Plaza ~ Oceanfrou Park MW I ' w � CZ o a� >✓ U o 3 ° o U a� a CZ0 w M> O c� iw w U U T3 -� C) 'O � U U U .fl 0 0O'� c�C cn y O cC U O Cz "C O y rrA v,CO °. 37° C4 oncl -o a� Z ° i ^~ (1) 3 U N cz >, o N Iv v iV U 'C c^�a rid' C., O cC O O O U to `�' y O N > O U vi' 'O vi 't��> U� 3 Ts d i °: U U U o ° ° c > o . o 0 `l o � o 3 3 a� 3 U En U O O U O � rn O O O C3 a :J M O O y O • o U U 3 a -c 7. 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CD 0 w O } U W Cn (n @ LL N N N @ 1 N C Z Z Z z O } Z d O Z O Z O Z O Z O Z } > N O Z Z Z U o N-0 N J N CO m j` ti In -0O co•Z e- 0' C O` O CO O h O O z Z Q Z ro.m �Qm yam Z v{aM 7 N 7 N 7 N N (V � 7 N @ 3 L L Y O m U d 'C O 0 C Ccn 7@ � U 0 O C d @ = d E -0 =� C' p L O C O d Z i` T N .O U -C C' ¢ 0)O C N a) } N N Q in C- '0 E Y Q p w O Z O Z N C @ 00 N 0 E i- M C' � N O� N O Z O O Z Z VI m N w03 N 3 d Vld Co 0mU VI Z } }ZQ �_ w }Nap Z p O }Q 0 O U N U N U C - @ 3 y U -0O � �` -- fn N a o 0 E0 CM °� @ 0n >^ 0 roc 0 m a)mY o CL •U m .N U 0. N� U N 73 O w �� w N @ o o — Q 0 3 0 o2 2 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal City Code Section 5-5 Pertaining to Control of Dangerous or Vicious Dogs and Amend City Code Section 5-9 Pertaining to Nuisance Animals Generally MEETING DATE: June 27, 2006 ■ Background: The 2006 General Assembly made several changes to Virginia Code § 3.1-796.93:1, which addresses dangerous dogs. As a -result, it is no longer necessary to have a local dangerous dog ordinance, because the City may now rely on the dangerous dog provisions of the State Code. Because no fines are associated with violations of the dangerous dog ordinance, the City will not lose revenue by relying on the state code provision. The revision to state law also necessitates changes to City Code Section 5-9 (Nuisance animals generally), because a dog that bites or seriously injures a person or domestic animal is now a "dangerous dog," not a "nuisance animal." Also, although state law authorizes the City to regulate nuisance animals, that authorization does not include requiring the destruction of a nuisance animal. Accordingly, the reference to destroying nuisance animals has been deleted. Finally, the City's Bureau of Animal Control requested two additional changes that are unrelated to the change in state law. First, the ordinance replaces a reference to repeated running at large citations with a more specific provision —that two convictions of running at large, during a twelve-month period, will be deemed a nuisance. The ordinance also codifies the "one free bite" rule routinely used by courts when an attack does not result in serious injury to a person or other domestic animal. ■ Considerations: Repealing City Code § 5-5 and amending § 5-9, effective July 1, 2006, will enable the City to rely on the State Code's dangerous dog prohibition and also will make the City Code section pertaining to nuisance animals consistent with the revised State Code. The two changes requested by Animal Control are unrelated to the change in state law. ` ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Animal Control City Manager: IL 1 AN ORDINANCE TO REPEAL CITY CODE SECTION 5-5 2 PERTAINING TO CONTROL OF DANGEROUS OR VICIOUS 3 DOGS AND AMEND CITY CODE 5-9 PERTAINING TO 4 NUISANCE ANIMALS GENERALLY 5 6 SECTION REPEALED: § 5-5 7 SECTION AMENDED: § 5-9 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 5-5 is hereby repealed and Section 5-9 of the 12 City Code is hereby amended and reordained to read as follows: 13 See. 8 6—Control eff daageEeias ex - ---eus deg. 14 (a) eflnit=ens As ased in this seetien, eaeh of the 15 fellew4:na—tarffis ]Hall 1:3aye tl'3e Fneana:ng Eespeetively aseE4:19� 16therete_ 17 gaage'eus deg FReans a eaniee eE eaRine eEesslEeed tip -ems 18 bitten; attaeked, eE 4:nf44e;6ed41:n��yen a-jeEsen e 19 aniFRai, ei- k4:11ed a eeR�p•anien aaimalp 1:iawe ,=Ewl=tee a eleg ,}taut& 20 e,- Bites anether- deg, the dreg -spa; , F4 21 deeated dangeEeias-(:) i€-ne seEieusph siea! injaEy as EieteEi-�i:neEi by 22 a l i ee n s"ed Let e E i n a Ei a n has eees,-.-ed t o tl4e-e t h e, degas- a ---sult 23 o f the=a tt a s k e,- i9i to eE (i)-b e-t-I---demos are w n e el by :t ie--sere 24, of 25 b it ing, a t taek.i g GE i n f i iet i g i nj E-an anetl4eE-4e i 1-e. engaged 27 -in an eEganiEe. 28 9 shall i e lbi de -.ten -pens en-whe (i) has; 1 29 rnj(} 4:) keeps e ,- iiainb e,-s i (44 4:) has } ;; his e,- heE ea is cam' r=;v ) a e t s 30 as ecis ed:xan e9i o>- (v') ae= 4:ts to Eefa=Fi en e�- alqe�-it 1:4s 61C li� 31 p,-emises, any flange, -ems e� V S E' 32 Wied:eis deg Paeans a etanane eia ea ; ^e-e,-9ss]q,-eel--t�iat 14as -( i 33 I E 4 wed a --pens ea ; ( 4: i:) i n l i eted s eEie a s , 34 :�neladfng malt4:ple-i94:tes, seEfetrs-disfiguEei:tent, seEieus ;J:mla:iEffte 35 ef-iealtl:r e- seia:v^us iicipa4:,-merit-af a JqeEiily-fanet4:enj 6E (4:'-rrT 36 etnt4:n�ied to t#e-- type —e fi� ehav4! e E that Les�i It e Ei in e 37 p EevJ:e�rs f4:n4ing by- a eeuEt t l:i a t- it 39 a eansne ez eanine cressbEeed within i3�:s eE I3eE 40 Qang e r-e=case= vied:eias- deg sal l applyt e a Rta g } s t mate e € the G4:ty -eT 41 WiEg4:n-i-a Berme —€sue-tlie issnanee af-a stiffffRens ticte ewneE ems 42 aes�sa=, =f kRawn, to appear- befei-e toe-geneEal Ei4:st-E4:et eea,-t- t 43 a spee444:e ire. z2he sn }s-shall aEivfse the ewnen e€ the-na-tnEe 44 o f t E e eee44:ng a ri d tl:ie-R:ia t-t e,-sat } s s a e. '-l-, e anim a leentn-al 47 48 mun n e= that pi-et e e t s t4-re-pta bl f e safety, I=te e,- s h e Rtay per-i:R f tie 49 e'wne,- e, ezisteeI4:an to een-f 4Fie—cl'3a- an=fRal=anth4: saei3 t4mFRe as 50 , 51 i s een ,-s , t:Rayeeftpel tl4e-ewn er; ears-t-elran a,- iiar-ber e i= f 52 th, anifaal tepE-eduee tl=ie-an4:R�al. if, efteE heaE�ng tl4e ;,ae 53 tlie—ee�i�-t finEis that €4e animal is a daege,-eus eleg, the eeu,-t s4 54 e Ed e r t l4e-anima s e wR e E t o e emp l y w-i=tt heeft-} s 55 e,Ei-iaaaee—if, a€teE fearing the e3a4:denee, tl4e eauict €ineistl:iatt4e 56 an-i to i is a � i e i ea s deg, the eel -sail e E d er t l4a t tie --a n!Raa i b.E- 57 eati:ianiseel e-aeeeLcEianee-with the-pr-evjsj:ees of Gede e€ Vi--g}niece 59 -(e-)-see eaixsne ei= eaaiae eEessb.-eel shall be €9unel to be a 60 EiaFigerraids e E v i ei-ea s 6e g s ele l y l9eeaa s e-:� t is a paE t is le,- lar ee d 61 62 th,-eat, iaj e�-- daFRage was sastoiaed by a-peEsenwhe-was fi) 63 ee itting, at the-tiR�efa eEime upenthe ffeRt!ses eeeaP}eEi-by €fie 64 aniRial's awne,- e,- e:astediiani (4:4:)—ee i€ i --a€ ti;e—t}fae, a 65 wiii€al trespass en e€4eE €ert tipea toe-areFFEises eeeapa:ed-byt�� 66 asi�ai's ewne,- e,- etastodisaj eE (iii) to, -meeting er 67 , 7 0 suet-Z--at the t iFRe e€ tie-ae € s-eei:Rpia in e d o f spa i i Ige feund-€e Ise a 71 eiang er-ea sea- -,x i e i e a s ele g. N e a s iR�a l ems;-a:tie t ixfte-e € tie -ass 72 e ei:Rpia i ts-$€ was -icespe a Bing te-tea-ice GE WaS PEer r.te -; r r } 73 itself, ids- k enRel,-i-t s e€ €rp,-i n g; GE its ewe i-$,- a w n e E Ls- 74 , 75 76 s ta-i=, i€ is tens .1 1) eiays e€ seed €}n44:ngg9iqta4:n €,-eRr�, t-14e 77 some,-±nterdent e€ €he-buneaid of an}etal eentEel, €eE a fee -of-f€4t-} 81 ' 82 t aEff a t al t wee- 84 85 90 pEee-enelescin--e, er- a:s and will be een€}net-4:Rsd:Ee-the ewnerr-s 91 ' 92 f enee d-€ —Ya,-Ei snic 4: a— r- epe E en e l es u E e } s n ^ } , e} a d 93 A461 legallam-, aRy ewner wl:�e-applies €-ems-- a eeLat- 4leate eiQ reRewa--:� 94 9 5 renewal t eeee € unless he ems s 1:4 e s ems€ s sew- s feete n-y e._j:Eienee 96 tl4a (;) �ij r Y pested rrc�t�'i-7—rx x s e-i--rx c x �' e s �� e�3 ee—� s and � � a � � � ee �3 � � �i l� e � e � e 97 w4:tki eleaEly visible s}gRs Wan-e�:Rg bG:ti4--fRieEs and adlaltS-e€fie 98 99 has —new� eientj:fleei byFReae s—a € a t a t t e e en the -z n si eie 100 ti;i l ggl3-ems by elect,-ei:i 4: e rt �� a t l e --Any eer-tifi:ea to -ems n-enewal 101 t-heEeef Eeg-a-irid te be-ebe}net edema t-his see€len shai! en!y be 102 Issued te-a-pe,-sen e4:gateea-(18) yeaics e€ age-e,- elele, wee-pEesen-t-s- 10 c azTcz uc c o ry—c 4:a e n e e-z 1:4�az—,T,—€ l:i e--a n 4:Fa a 4a s been n e ti t e �-eel-ems 104 apayeE; anEi (4i)he—er- s4e h,as elq€ 4:neei li bi14:ty s =aeee 105 eelixeEage €e,- an}Ftal bites, at-pel}ems-lj:atdts e€ at least- -ene-I:iiande4 107 -() W14l l e-en t i4e-p: ep eEt y ef its ewne,-, an and:fRal f e t-e-tee 109 seen el-enelesed aaEi leekeEi stEue-ttiEe-e€ su€€le}ent lcied:glzit and 110 design to pEevent saes eieg' s eseape e�-- dEee€-eent-aet w4:€l=i FRi 4Es-, 111 a cia4-t s , e3-- e e aR iRi a l s . Tl:� e s t,-a eta,-e-s l4all-de designed t e-- ( i+ 112 pn'event entEy 19y peEsensetl=teE teae tie-ewne,- e�-- h}s e,- he.- agent-- 113 and ( 44 ) p,-eeieie the a al with steelten €EeFa the eleFaents e€ 114 , 115 Eiange,-eas Eieg sl4all i�e kept en a leash and ffiiaezled--ice siaeh a fRanReE 116 as net te eaese- nj t ,-y :6 e tl}e as ipRal eiF i nt e E f e E e wi t l=izl4e-animare 117 visie r-eE EespiEatien, lqat se as to pEevent it ter^^ 194:} a peaFseR 118 elc anat#e- aei;PAa l . 119 120 a R�ineE, tie eastedial paEent er legal gua�-Eian of sued m}aeE smell 121 kae-Ees pens-ib le-€e E eeR�plying ;i tea l l Ems} cement s-e fthz�s s e e} l e . 122 , 123 as ifRaz ' 9 awne�- steal l iffiRteEii at el y, upea-1 e a r-n i ng e f: S awe, -aet-i €-y�e 124 125 126 (=_ ):s sela, gT�en away eE diesi 3E---(:4) 14as been Me4eE ti:r=e a 127 different- adelre s s . 129 13 0 re fi4,-eRrents ef tl:il s seetii e n s l4a l l be Eju�I 131 Fai seieFRean eE. 132 All fees —e s it ee t o rcs ett e t hii sr-s e e;6:enless -.I'=- 133 eests—1 eu3F,-eE-19y the btiEeau e€an}fal eent,-el gin- 134 i s lie le the ee-r- t i f l ewes an4 tags -e: eEpti!a=eEi i9ti�� s s e c t; 135 sl;iall be parel snte-a-s p eele l 4eElea-t e S fianEi-ln t i;i e t,-e a s ti,--e €fie } 136 ei -€ems- e- l r eses e€- a b e t e-eiieasesr-e€ a y--_-;i - „--- z.T�r•L�a 138 eFftended-.- 13 9 (k-) Di G t W it=rs-taR44: R EJ the e f sty seet l e R (b ) an 140 an}� al eee-tEel-effree.- i:Ray deten--�ine, afteE-:naestigat}en, . l: et ^r 141 awls a Eianger-e u s deg. ; f t l�ie anlmal eee:t ,-e l e€ € lee e-r-I:Rleee 142 ' 14 3ne,- to eemplywit 14 the -�a,-. ev} s i ears e f th } s s eet i e n . if: --t l:l e-a_n TM a, 14 4 ewne�-- Eii sag,-eeswrth th-ael�a l een tie l e f € lees ' S ete 3FFRl i=tat-4:e e -fie 145 e,- si:4e Fa,ay appeal the eiete:-ffi4:natlea--te-tie-geneEal eilst,-leteeaEt 146 fer- a lal en the-i:ae,-}ts. 147 148 kj:4:9:eEi 19y a deg shall-ge entitlemote _-eeeveE 6,m,ge- ----s-stem 149 balth the-p,-avisiens e€ Eede-e€ Vi g ia§ 9.1-7-96 . 12:; thi e 150 ern- e f s�irsi4-ieg4:n an-app,- ep,-4:at e--ae t ie at- law 44 (i ) the y 151 qee4!i'-r-eGi-en the reR�ises-ef-the eeFRpanien ani�e-l'srewne', and (-4 ) 152 t�awneE o f t e effenEiing deg -elite net -have t=he pe r-�l s s-Je n e f the 153 ' 154 t-i:e-ef the attaek. 155 COMMENT 156 This amendment will enable the City to rely on the dangerous dog provisions of Code of 157 Virginia § 3.1-796.93:1. Because there is no fine for a conviction of the dangerous dog law, this change 158 will not result in any loss in revenue to the City. 159 Sec. 5-9. Nuisance animals generally. 160 (a) No owner shall fail to exercise proper care and control 161 of his animals to prevent them from becoming a public nuisance. 162 £iEeessi=vyeenti s eE iant��ely b,rk_n' TMMolesting a passer-by, 163 biting ^r attacking without seriously injuring any person without 164 provocation on ene two or more occasions, chasing vehicles, 165 habitually attacking but not seriously injuring other domestic 166 animals, trespassing upon school grounds, or trespassing upon 167 private property in such manner as to damage property,- shall be 168 deemed a nuisance. Repea eE' Three or more violations of City Code § 169, 5-67 in any twelve (12 ) month period runnia-t— large —after- 170 eitatrensin-an}� , ' ^ s}eE'; 171 effiee�-, e.--pe-liee eff eeE shall also be deemed a nuisance. 172 (b) Any person owning or having in his possession or under 173 his control any animal constituting a nuisance shall be summoned 7 174 before the gGeneral dDistrict -&Court of the ECity to show cause why 175 such animal should not be confined, disposed of or removed or the 176 nuisance otherwise abated and, upon proof that the animal 177 constitutes a public nuisance, the animal in question shall, by 178 order of the General dDistrict -&Court of the -&City, either be 179 confined, d3spesc--d—ef e,- removed from the City, or the nuisance 180 activity otherwise abated as such court shall order. It shall be 181 unlawful and shall constitute contempt of court for any person to 182 harbor or conceal any animal which has been ordered disposed of or 183 removed by the $General dDistrict ECourt, or to fail to confine or 184 restrain an animal when such an order has been entered by the 185 court. 186 (e) 1,E t-iie—an4:R�al eent-EalwEdee—er his duly al,th==i= 187 188 g,-E)veeat iae;—attaekeier d i ten anypeE s e n, s a i d animal FRa y tee 189 cakes —ince east-edy--anEi eenf4:ned by the biaretau of an4:�a! 19 0 penQi nee Emi na t i e n b y—the—e ea,-tsparcs eaet to tom} s siden. 191 (dc) Any person who owns any dog, cat or other animal that has 192 been adjudged a nuisance pursuant to this -&Section by the EjGeneral 193 dDistrict ECourt and who appeals that decision to the -&Circuit 194 -&Court shall be responsible for the fees connected with the 195 impounding of the animal by the dBureau of &Animal -&Control. If on 196 appeal the -&Circuit -&Court determines that the dog, cat or other 197 animal is not a nuisance, no such fees for the impounding of the 8 198 animal shall be imposed. 199 COMMENT 200 This amendment removes references to biting a person or attacking a person or companion 201 animal if the attack results in serious injury to the person or companion animal. Under the revised state 202 law, those acts result in the animal being deemed a "dangerous dog." Reference to repeated running at 203 large citations is replaced with a more specific provision, i.e., two convictions of City Code § 5-67 204 (running at large) during a twelve-month period is deemed a nuisance. 205 206 The ordinance also codifies the "one free bite" rule that is routinely used by courts when an 207 attack does not result in injury to a person or domestic animal. Finally, although state law authorizes 208 the City to regulate nuisance animals, such regulation does not include requiring the destruction of a 209 nuisance animal. Accordingly, the reference to destroying nuisance animals -has been deleted. 210 211 BE IT FURTHER ORDAINED: 212 That this ordinance shall become effective on July 1, 2006. 213 214 Adopted by the City Council of the City of Virginia Beach, 215 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City -Atorn�Tsl-qffice CA10044 X:\PA\GG\OrdRes\Proposed\5-5 Vicious Dogs ORD R-6 June 20, 2006 9 G NLA 8Eg1 Cy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal City Code § 6-116.1 Pertaining to Surfing Generally MEETING DATE: June 27, 2006 ■ Background: City Code § 6-116.1 was enacted in on June 22, 1999. The Code section was effective on July 1, 1999, and it expired on October 31, 1999, but the expired section has not been removed from the Code. ■ Considerations: Removing this language from the City Code will ensure citizens do not mistakenly conclude that this provision is still in effect. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Approve ■ Attachments: Ordinance Recommended Action: Approve Submitting Department/Agency: Emergency Medical Services l City Manager: L 1 AN ORDINANCE TO REPEAL SECTION 6-116.1 OF THE 2 CITY CODE PERTAINING TO SURFING GENERALLY 3 4 SECTION REPEALED: § 6-116.1 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 6-116.1 of the City Code is hereby repealed: 8 See. 6-116rSurfing 1, 1999, genexallj . [r..fgeetiire _T»ly t]arnsg�l� 10 - 11 ' a ` FeL- purpeyes-ef this seetie�;tie-�e3�e�-�s phrases � 12 have the meanings i-espeetiye y asei—ibe `h .: 13 geLc shall mean -the —ei ty manager er hi-s--day 14 autherized a_^ e 15 (2) T=aber Day Weekend shall be deemed te end at 6:99 p.m. en 16 19 (4) Sherebreale shall mean the area between the shereline ef 21 -(3-0) feet east of he shevel-_ne- 22 (15) Emeept-as etherwise pevreleel he -rein, € rem Memerial Day 23 Weekend te--Lzder- Day Weekend, it shall be tinla-wfttl €er afayperse� 24 , between the ..l �� l�.T�ft ��11�1��TT1�i��.l.��l�• 4��I�1'•�•► �}��}T1l T•�_.11�1.� }T7�1. �•!�» 26 in any e€ the €e-llewin areas, 27 (1) in the area EaFeM the ne"rthern beti Shay e f T : tL l is! -.... .7 1 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 to the—eetitherjetty ef--Rtidee—inlet, eenter line -ef 6th Street,a -� )1 R�1�f��l��R�= ��}•��s7.1•I•�1 �!� �•!�� s�1��7��s T� 1��l Y��s�i\ lT•l�!••�� •� Wee}ten-to-E3etber Day nFeekenel,, it shall be unlaw-f-ttl fe weelte.,,a.. ..,e i , lidays, in -aim—ef the fe? l _��_7i•c' areaa 1eeated'tti. teLaminus of Se dge Rea eenter l=T= =F 42 i4 Street, a 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 of this seetien, the tise—ef a si rfbearel in the waters ezf= ttizc any area ef the -bcae ander its-eifftership and,le? _ tr e , �r.� •�T��,. t.1T.� �}�T.�1 �t_T�.��1.. �� 1_�� T.��•l �=l�1.T�� Trt i�f�J c.::,?:-.cam �-,� s..« �•�a _ - - _ - - - o - S ticeet--, wading, perseant to seetram-6-!:� e€- this -ehapter; and (7) in any -at-heL- area -that the e i-ty-manage ay, , f =� . t i fae to time,des-ignat=as a stirri area. atr; 78 -,e=ns the-serf,-r to the rram., .,re _ 79 n3 f-bearel in the between Ne-persen-shall s r area 80 set t, na nerth Rttdee-inle- jetties of 81 ( Day bd 4)—pro--peshall, so�r -fre=etei a3- eeleer 82 Weekend, use the-herelgres-} -a stirfbearel within unless 83 streh persen ±-paelelling, besiele the er w eling surfibearel 84 fer-ptxrpeses- he of entering water ar rettirnin-te--the 85 beete , er iinless- f i , tieh-persen ±9 in an area s =-i =e, i 86 eles i gna teel the sy-this —seetie n e r 87 surfing are 88 ;) pdepersen-shall engageinany -aetio-ether than -_ram-� 89 in any area -spee-ice eelly-eles i gn-eted by this e e t i en <;_ 90 tie-e-ity manager as -a-surfing are 91 -(f) Netwithstaneling any previsien--herein to the eentra_l , 92 93 area eses—a— threat ^of-elanger te— the --general blie, he may 94 p rehi-b it stirz-ram-in seeh area -€e the - - - -= == --- -=' g ' - --- --- 95 the threat af 4anger exists. Any stieh area shall be ee.... -Y 96 faarl -'A3e--Sur€-inn° signs, whieh signs Shall refftai- in plaee 97 until the-pr-ehibitien has be"crxlifttee,-tanel it shall lae—siislawful fer 98 eny-persen to surf in area se markeek.- 99 tg -; fo--viela tes-any p ors-ie r -eft= this see t i en 100 shall beguiltyef a Glass 4-misQemeaner. 101 102 COMMENT 103 Repealing this Section removes expired language from the City Code. 104 105 Adopted by the City Council of the City of Virginia Beach, 106 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: i Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: C4tytorn 's f i c e CA10039 X:\PA\GG\OrdRes\Proposed\6-116.1 Surfing ORD R-2 June 6, 2006 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 21-422, 21-425, 21-426, and 21-429 Pertaining to Use of Tow Truck Service to Enforce Parking Restrictions on Private Property MEETING DATE: June 27, 2006 ■ Background: On April 4, 2006, City Council was presented with a report of possible solutions to towing problems identified by City Councilmembers. Some of the proposed changes require amendments to the City Code, and on April 4, City Council referred an ordinance with those amendments to the Towing Advisory Board for its review. On May 23, City Council was briefed on the board's advice. The board endorsed all of the proposed Code changes except a provision requiring specific written authorization before a vehicle is towed from private property. That provision has been separated from the attached ordinance so it may be debated and voted on separately. ■ Considerations: This ordinance will (1) require tow truck companies to provide change for cash payments; (2) specifically prohibit tow companies from collecting excess fees; (3) require tow companies to contact the City's Public Information Office when vehicles are towed; and (4) require businesses to offer a towing survey and comment form to anyone who contacts the business regarding a vehicle that was towed from the business's parking lot or parking area. All four of those provisions have been endorsed by the Towing Advisory Board. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Adoption Submitting Department/Agency: City Atto City Manager: �, 1 AN ORDINANCE TO AMEND THE CITY CODE SECTIONS 2 21-422, 21-425, 21-426, AND 21-429 PERTAINING 3 TO USE OF TOW TRUCK SERVICE TO ENFORCE PARKING 4 RESTRICTIONS ON PRIVATE PROPERTY 5 SECTIONS AMENDED: §§ 21-422, -425, -426, and -429 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 21-422, -426, and -429 of the City Code are 9 hereby _amended and reordained, and section 21-422.1 is hereby 10 added, to read as follows: - 11 Sec. 21-419. Definitions. 12 Unless a different meaning is required by the context, the 13 following terms, as used in this division, shall have the meaning 14 hereinafter respectively ascribed to them: 15 Custodian means any person who is in possession and control of 16 a vehicle whether or not such person is the registered owner of the 17 vehicle. A person who is in possession of the ignition key to a 18 vehicle, and who is also in possession of a valid driver's license, 19 shall be deemed to be the "custodian" of such vehicle. 20 Decal -controlled parking area means a parking area in which 21 parking is limited to vehicles on which a decal, sign, placard or 22, similar authorization issued by the owner, lessee c,r agent of the 23 parking area is conspicuously displayed. 24 Operator means any person operating a tow truck for a tow 25 truck service. 26 Tow truck service means a person engaged in a.r; ':)usir- s_ :�},ic,.: 27 provides the sei_vices of one or more tow trucks f ::> . '-:.ire use t, 28 tow, transport or move motor vehicles on or from public streets or 29 on or from private property by way of public streets. 30 Tow truck service storage yard means any property, including 31 the premises of any service station, upon which vehicles are stored 32 that have been towed from privately owned lots or property at the 33 request of the owner, lessee or agent of such lot or property and 34 without the consent of the owner of the vehicle towed. 35 Sec. 21-420. Applicability of division. 36 The provisions of this division shall apply only to tow 37 services which tow vehicles on or from privately owned lots or 38 property, at the request of the owner of such lot or property and 39 without the consent of the owner of the vehicle towed. 40 Sec. 21-421. Violations of division. 41 (a) It shall be unlawful for any person to violate or refuse, 42 fail or neglect to comply with any of the provisions of this 43 division. Each day that a continuing violation of the provisions of 44 any section of this division occurs shall constitute a separate 45 violation. 46 (b) Any person violating any provision of this division shall 47 be guilty of a Class 1 misdemeanor. 48 Sec. 21-422. Signs required on property. 49 (a) Each owner of private property having parking facilities 50 accessible to the public, and offering parking to its customers, F 51 clientele, residents, lessees or guests, who intends to enforce 52 parking restrictions by the use of a tow truck service, shall post, 53 at each point of ingress and egress to the parking area, clearly 54 legible signs, visible and unobstructed day and night upon entering 55 the parking area, that contains the following wording and sets 56 forth the hours of enforcement: 57 PRIVATE PARKING 58 NAME OF BUSINESS 59 RESIDENTS/CUSTOMERS/CLIENTELE/ 60 LESSEES/GUESTS ONLY 61 TOWING ENFORCED 62 HOURS OF ENFORCEMENT 63 Unauthorized cars towed at owner's expense: $ day or night. 64 Call (telephone number of tow truck service) for location and 65 information concerning return of car if towed. With respect to 66 retail establishments, this sign shall also contain the wording 67 "WHILE ON THE PREMISES" following the wording "CUSTOMERS ONLY." 68 Finally, this sign or an accompanying sign shall indicate whether 69 the parking area is decal -controlled and shall contain the name and 70 telephone number of any contracted towing service. 71 (b) The signs required by this section shall be at least 72 thirty-six (36) inches in width and thirty (30) inches in height. 73 Lettering for the capitalized words shall be at least three (3) 74 inches in height and, for all other lines, at least one and one- 3 75 half (1 1/2) inches in height. The face of the sign shall be 76 composed of air engineering grade reflectorized sheeting or like 77 material. The name of the business may be on a separate sign, but 78 must be adjacent to the primary sign containing the information 79 required by this section. The provisions of subsection (a) above 80 shall be applicable to any parking area located on private property 81 including parking areas of apartment houses, condominiums and 82 nonprofit organizations. 83 (c) In addition to the provisions of subsections (a) and (b) 84 above, if towing is enforced twenty-four (24) hours a day, the sign 85 or signs required by this section shall include the wording "TOWING 86 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three 87 (3) inches in height. In the alternative, an accompanying sign 88 containing this wording in letters of the same height may be placed 89 adjacent to each sign required by subsection (a) above. 90 (d) Vehicles may be towed from designated fire lanes approved 91 by the fire department on private parking areas open to the public 92 on which are posted signs as required by subsection (a) above, 93 provided that such fire lanes are properly marked, including the 94 posting of above grade signs stating FIRE LANE -TOWING ENFORCED. 95 (e) It shall be unlawful for any tow truck service or 96 operator to tow or otherwise move a vehicle from any privately 97 owned land or property within the city, unless such land or 98 property is properly signed in accordance with this section. 4 99 (f) An owner or operator of private property who enforces 100 parking restrictions on the property by use of a tow truck service 101 shall offer a copy of the survey and comment form developed by the 102 Towinq Advisory Board to anyone who contacts the owner, operator, 103 or any employee or representative of the owner or operator, 104 recfardincr a vehicle that has been towed or released after hookup 105 from the owner's property. 106 COMMENT 10 7 This amendment requires businesses to offer a towing survey and comment form to anyone who 108 contacts the business regarding a vehicle that was towed or released after hookup from the business's 10 9 parking lot or area. 110 111 Sec. 21-423. Business license requirements; identification of tow 112 trucks. 113 114 (a) No tow truck service or operator shall remove any vehicle 115 from public or private property unless the tow truck service 116 possesses a valid business license issued in accordance with 117 Chapter 18 of this Code. 118 (b) All tow trucks operated by a tow truck service shall 119 display the name, address and telephone number of the owner thereof 120 on both sides of the tow truck on permanently mounted signs or 121 painted directly on the body of the truck in reflectorized letters 122 large enough to be readily legible, but in no case less than two 123 (2) inches in height. It shall be unlawful to operate a tow truck 124 displaying an incorrect name or address, or a telephone number 125 which is incorrect or not in service. 5 126 Sec. 21-424. Release of vehicle to owner or custodian prior to 127 towing. 128 129 (a) If the owner or custodian of any vehicle not authorized 130 to be parked in a private parking area returns after a tow truck 131 service has arrived but before the vehicle has been towed from the 132 private parking area, he may reclaim the vehicle whether or not it 133 is fully hooked up to the tow truck, and it shall be unlawful for 134 the tow truck service or operator to refuse to release the vehicle. 135 However, if the vehicle has been hooked up, or is in the process of 136 being hooked up, the tow truck operator may charge a drop fee not 137 to exceed twenty-five dollars ($25.00) before releasing the vehicle 138 or discontinuing the towing process. The process of hooking up 139 shall be defined as (i) the removal and/or unreeling of any towing 140 equipment from the tow truck after the truck is positioned to 141 effect the tow, whether or not the equipment has been attached to 142 the vehicle, or (ii) the lowering of a hydraulically -operated lift 143 in preparation for loading the vehicle. 144 (b) If the owner or custodian is unable or refuses to pay the 145 fee set forth in subsection (a) above, the vehicle may be towed and 146 the tow, truck service may charge its basic fee for the tow. 147, Whenever a vehicle is towed under these circumstances, the tow 148 truck operator shall permit the owner or custodian to remove 149 personal items from the vehicle prior to the tow. 6 150 (c) No tow truck operator shall request payment of the fee 151 set forth in subsection (a) above or tow any vehicle thereafter if 152 the charge is not paid unless he shall first provide to the owner 153 or custodian of the vehicle a copy of this section. The tow truck 154 operator, upon receiving such payment, shall provide to the owner 155 or custodian a legible receipt containing the name of the towing 156 service, the date, time and place of vehicle release, and the name 157 of the tow truck operator. A copy of the receipt shall be retained 158 by the tow truck service for a period of one (1) year and shall be 159 made available for inspection by city police or the commissioner of 160 the revenue during the normal business hours of the tow truck 161 service. 162 (d) Notwithstanding any provision of this section to the 163 contrary, if a police officer determines that a vehicle is needed 164 as evidence in a criminal matter, or concludes that, based upon 165 surrounding circumstances, the failure to release a vehicle is 166 likely to result in a disturbance of the public peace and good 167 order, such officer may order release of the vehicle without 168 immediate payment by the owner or custodian thereof of the fee set 169 forth in subsection (a) above; provided, however, that nothing 170 herein shall preclude a.tow truck service or operator from civilly 171 pursuing payment of such fee at a later date from the owner or 172 custodian of the vehicle, or from the owner, lessee or agent of the 173 parking area. 174 Sec. 21-425. Dec Public Information Office to be notified of 175 removal of vehicle. 176 177 (a) At the time of removal of any vehicle by a tow truck 178 service operator, or no later than thirty (30) minutes thereafter, 179 the pe:1iT^_ d; spateher City's Public Information Office shall be 180 notified of such removal, specifying the location of the storage 181 yard to which the vehicle will be towed and the telephone number 182 which the owner should call to reclaim the vehicle. The peliee 183 el:; spat eh^r Public Information Office shall be given the license 184 number and state of issuance of the license and, if known, the 185 vehicle identification number and the make, model, and year of the 186 vehicle towed or to be towed. 187 (b) If notified by the dlspa ei^ Public Information Office 188 or any law enforcement officer that the vehicle is subject to 189 seizure by law enforcement authorities for evidentiary purposes, 190 the tow truck operator or towing service shall forthwith relinquish 191 the vehicle to such authorities and shall not be entitled to 192 recover any costs or fees. 193 COMMENT 194 Tow companies no longer contact the Police Department regarding vehicles towed but instead 195 contact the City's Public Information Office. This amendment reflects that change in procedure. 8 196 Sec. 21-426. Charges for towing and storage of vehicle; 197 receipt required. 198 199 (a) No tow truck service or operator operating within the 200 city shall, at any time, charge a basic towing fee greater than the 201 fees set forth below: 202 TABLE INSET: Gross weight of vehicle Maximum fee 11,000 pounds or less $ 85.00 11,001 pounds or more 285.00 203 The basic fee shall be inclusive of any additional towing services 204 such as the use of a dolly. This subsection shall apply only when a 205 vehicle is moved or towed without the prior consent and agreement 206 of the owner or custodian of the vehicle. 207 (b) No tow truck service or operator shall assess any charges 208 for storage for the initial twenty-four (24) hours, nor charge more 209 than twenty dollars ($20.00) per twenty -four-hour period 210 thereafter, for any vehicle with a gross weight of 11,000 pounds or 211 less removed from private property without the consent of the owner 212 or custodian of the vehicle, whether such tow originates in this 213 city or any other jurisdiction. For vehicles with a gross weight of 214 more than 11,000 pounds, a storage fee not to exceed twenty dollars 215 ($20.00) per twenty -four-hour period may be assessed after the 216 first twenty-four (24) hours. Delays caused by storage yard 217 personnel shall not be included when computing storage charges. 9 218 (c) If any vehicle is not redeemed within seven (7) days 219 after it is towed, the tow truck service shall be entitled to 220 recover an additional fee, not to exceed fifty dollars ($50.00), as 221 payment for the cost of any search conducted to determine the 222 registered owner and lien holder, if any, of the vehicle. 223 (d) No tow truck service or operator shall charge any fee for 224 mileage, or any other fee in addition to the basic towing fee set 225 forth in. subsection (a) above. In order to ensure that no tow 226 truck service or operator collects more than the fees authorized by 227 this section, tow truck services and operators shall provide change 228 for cash payments made by any person whose vehicle has been towed 229 or released after hook up. 230 (e) A monetary receipt for each and every fee collected must 231 be given to those persons whose vehicles have been towed by a tow 232 truck service, or released after hook up, upon release of the 233 vehicle. The information on the receipt must be clearly legible and 234 include the time, date and place of the tow, the name of the tow 235 truck operator who made the tow, and the name of the tow truck 236 service for which said operator works. The receipt must also list 237 the amount of money paid for the release of the vehicle, any 238 additional charges incurred in the tow, and the reason for said 239 additional charges. The following shall be printed conspicuously on 240 every receipt: "NOTICE: Virginia Beach City Code § 21-426(f) 241 requires the tow company to offer you a Survey and Comment Form 10 242 with this receipt." A copy of the receipt must be retained by the 243 tow truck service for a period of one (1) year and shall be made 244 available for inspection by city police or the commissioner of the 245 revenue during normal business hours of the tow truck service 246 owner. 247 (f) A survey and comment form, developed by the Towing 248 Advisory Board, shall be offered to those persons whose vehicles 249 have been towed by a tow truck service, or released after hookup, 250 upon release of the vehicle. 251 COMMENT 252 This amendment requires tow truck services and operators to provide change for cash 253 payments. 254 255 Sec. 21-427. Requirements for storage yard. 256 (a) At the storage yard of each tow truck service, there 257 shall be a sign prominently displayed specifying tow and storage 258 rates. 259 (b) If an attendant is not on duty twenty-four (24) hours a 260 day, seven (7) days a week, to return vehicles upon the payment of 261 towing and storage charges, the sign provided for in subsection (a) 262 hereof shall also contain a telephone number where the owner, 263 manager or attendant of the tow truck service storage yard may be 264 reached at any time so that a towed vehicle may be reclaimed by its 265 owner in a minimum amount of time, not to exceed two (2) hours. 11 266 (c) Each tow truck service storage yard shall provide 267 reasonable security and protection for all vehicles towed, whether 268 such tow originates in this city or any other jurisdiction, 269 including illumination of the storage area during hours of 270 darkness, and including a fence enclosing the storage yard if an 271 attendant or security guard is not on duty twenty-four (24) hours a 272 day, seven (7) days a week. 273 (d). During the hours of darkness, the operator shall provide 274 an area sufficiently illuminated to enable an owner to inspect a 275 vehicle prior to removing it from the storage yard. 276 (e) It shall be unlawful to operate any tow truck service 277 storage yard or to deposit, impound or store any towed vehicle 278 herein, unless said yard is in full compliance with the sign, 279 security and lighting requirements of this section and with all 280 applicable zoning regulations, licensing requirements and use 281 permits, established by this Code. 282 Sec. 21-428. Tow truck service operator's log. 283 Tow trucks service operators shall, within thirty (30) minutes 284 of vehicle hook up, complete a record of the make, model, year and 285 vehicle identification number, if known, of the vehicle, its 286 license number and state of issuance, the time, date and place of 287 removal, the name of the tow truck operator who made the tow and, 288 for each entry of tow, the signature of the owner of the private 289 lot, or his representative, requesting and authorizing the tow 12 290 shall be required. A letter of authorization from the owner of the 291 private lot or his representative, when carried in the tow truck 292 making the tow, shall be sufficient to meet this latter 293 requirement. Such record shall be retained by the tow truck service 294 for not less than one (1) year, and shall be available for 295 inspection by city police during normal business hours of the tow 296 truck service owner, including any time that a vehicle is being 297 impounded or reclaimed. Failure to keep and retain such a record, 298 or omitting to make a true and complete entry for each vehicle 299 towed, or failure to surrender such record to any police officer 300 upon request shall be unlawful. 301 Sec. 21-429. Miscellaneous prohibited acts by tow truck service or 302 operator. 303 304 Except when acting as an agent in the legal repossession of a 305 vehicle, it shall be unlawful for any tow truck service or operator 306 to: 307 (1) Tow or otherwise move a vehicle from any area or portion 308 of a public street without either the consent of the owner or 309 custodian of the vehicle or authorization from a police officer or 310 other designated official of the city. 311, (2) Block the movement of or tow or otherwise move a vehicle 312 from any private road, driveway or any other privately owned land 313 or property within the city without the consent of the owner or 314 custodian thereof, unless: 13 315 (i) The vehicle is parked in a designated parking space 316 of a decal -controlled parking area and is not 317 displaying a decal or other form of authorization 318 issued by the owner, lessee or agent of such 319 parking area; 320 (ii) The vehicle is parked in a designated parking space 321 of a non -decal -controlled parking area during any 322 _ period when the business(es) serviced by the 323 parking is (are) open, and the tow truck operator 324 obtains the written consent of the owner, lessee or 323 agent of such parking area prior to towing the 326 vehicle; or 327 (iii)The vehicle is parked in a non -decal -controlled 328 parking area during any period when the 329 business(es) serviced by the parking area is (are) 330 closed, and towing is enforced twenty four (24) 331 hours a day by such business(es); or 332 (iv) The vehicle is parked on any portion of a parking 333 area in such manner as to block ingress or egress 334 to the parking area, or to block access to a 335 dumpster or properly marked service or delivery 336 area, or is otherwise parked in a portion of the 337 parking area that is not specifically designated, 14 338 by lines, curbs or similar markings, as an area for 339 the parking of vehicles. 340 No vehicle shall be towed pursuant to subsections (i) (ii), 341 (iii), or (iv) unless there is a written contract between the tow 342 truck service and the owner, lessee or agent of the parking area to 343 remove all unauthorized vehicles from the parking area, the tow 344 truck operator has a copy of such contract in his or her 345 possession, and the owner, lessee or agent has complied with all of 346 the signage requirements set forth in section 21-422. 347 (3) Tow or otherwise move a vehicle from any private road or 348 driveway, or from any other privately owned land or property within 349 the city to a place out of the city without the consent of the 350 owner or custodian of the vehicle; provided that, after a period of 351 not less than twenty-four (24) hours following the initial towing 352 of a vehicle, as recorded in the police dispatcher's log, any such 353 vehicle may be moved to a storage area located outside of the city, 354 with prior notification to and approval of the police department. 355 Notwithstanding the above, if a tow truck service or operator owns 356 or leases a storage area located outside of the city, and such 357 storage area is closer to the location from which a vehicle is 358 towed than the closest in -city storage area owned or leased by the 359 tow truck service or operator, such vehicle may be initially towed 360 to the storage area located outside of the city, provided the tow 361 truck service or operator is authorized to do business in both 15 362 cities, charges a fee not greater than that fee authorized in 363 Virginia Beach and invoices the tow in Virginia Beach. 364 (4) Block any vehicle, other than when on the property of the 365 tow truck service, to prevent the movement thereof by its owner or 366 custodian who has appeared prior to the vehicle being hooked up and 367 desires to move the vehicle. 368 (5) Wait for employment by standing or parking on public 369 property.. 370 (6) Drive a tow truck or wrecker along any street to solicit 371 towing. 372 ( 7 ) Tow or otherwise move a vehicle from any place in the 373 city utilizing a wrecker or tow truck which is not insured as 374 required by section 18-55.1 of this Code. 375 (8) Provide false information to any police dispatcher 376 concerning any vehicle towed. 377 (9) Require the owner of any towed vehicle to wait for a 378 period exceeding two (2) hours for release of a vehicle. Any delay 379 over two (2) hours caused by failure to monitor or respond to calls 380 placed to the operator's designated telephone number shall 381 constitute a violation of this section. 382 (10) Move any vehicle to any intermediate place of storage, or 383 to any location other than to the registered secure storage yard of 384 a tow truck service, unless specifically requested by the owner or 385 custodian of said vehicle. 16 386 (11) During the initial twenty-four (24) hours after the 387 vehicle is towed and upon request by any owner or custodian of a 388 currently licensed vehicle, deny or prevent access to said vehicle 389 for the purpose of removing personal items, whether or not the 390 owner or custodian is then able to reclaim the vehicle. After the 391 initial twenty-four (24) hours has expired and upon the request by 392 any owner or custodian of a currently licensed vehicle, no tow 393 truck service or operator shall refuse to allow such owner or 394 custodian access to such vehicle once per day between the hours of 395 8:00 a.m. and 5:00 p.m. 396 (12) Assess or collects any charge or fee in excess of, or in 397 addition to, the charges and fees authorized by this division. 398 (13) Fail to provide a monetary receipt, for each and every 399 fee collected, containing the notice provision outlined in section 400 21-426(e). 401 (14) Fail to make the survey and comment form developed by the 402 Towing Advisory Board available when the vehicle is retrieved. 403 COMMENT 404 This amendment prohibits a tow truck service or operator from collecting more than the fees 405 authorized by this City Code division. 406 407 Adopted by the City Council of the City of Virginia Beach, 408 Virginia, on this day of , 2006. 17 APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney' Office CA9917 H:\PA\GG\OrdRes\Proposed\Tow Truck Service ORD v2 R-9 June 21, 2006 1.8 -27- Item V.K.3./b/c RESOLUTIONS/ORDINANCES ITEM #55235 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of June 27, 2006: Ordinance to AMEND the City Code: b. AMEND §§21-422, 21-426, 21-429 and ADD § 21-422.1 re the use of nonconsensual towing from private property to enforce parking restrictions c..AMEND §21-426 re maximum basic towing fee for nonconsensual tows Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood G�t';v^�BegCl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 21-422.1 to the City Code to Require Written Authorization Before a Vehicle is Towed From Private Property Without the Vehicle Owner's Consent MEETING DATE: June 27, 2006 ■ Background: A change in state law authorizes the City to require, by ordinance, specific written authorization of a property owner or agent prior to a vehicle being towed without the owner's consent. A comprehensive proposed ordinance that contained this provision as well as more basic recommendations was presented to City Council on April 4 and forwarded by Council to the Towing Advisory Board for its advice. In response to concerns raised by the Towing Advisory Board and other citizens, Councilmembers Diezel and Maddox met with staff, business owners, and industry representatives to revise the written -authorization provision. On June 6, Council referred the ordinance to the Towing Advisory Board for further advice. The board endorsed the ordinance but requested that a definition of "written authorization" be added. The attached ordinance includes that definition. ■ Considerations: The ordinance requires tow truck services to obtain specific written authorization of the property owner or agent before towing a trespassing vehicle from the property. This written authorization will identify the specific vehicle to be towed. This provision should curtail the practice of so-called "predatory towing" by tow truck operators. Additionally, if the property owner's agent is related to the towing operator or has a financial interest in the towing operator's business, the agent is not permitted to authorize tows. Subsection (b) provides that written authorization is required only when the business that owns or operates the parking lot or area is open. Subsection (c) exempts residential parking lots, decks, garages, or spaces from the provisions of the ordinance. The ordinance will be effective on July 1, 2006, which is the effective date of the state legislation that authorizes such ordinances. ■ Alternatives: The ordinance could be adopted without either or both subsections (b) or (c). ■ Public Information: Public information will be handled tinrough the normal Council agenda process. ■ Attachments: Ordinance Requested �:ay: ,our,;,i:,rnembers Diezel and Maddox REQUESTED BY COUNCILMEMBERS DIEZEL AND MADDOX 1 AN ORDINANCE TO ADD SECTION 21-422.1 TO THE 2 CITY CODE TO REQUIRE WRITTEN AUTHORIZATION 3 BEFORE A VEHICLE IS TOWED FROM PRIVATE 4 PROPERTY WITHOUT THE VEHICLE OWNER'S CONSENT 5 SECTION ADDED: § 21-422.1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-422.1 of the City Code is hereby added, to 9 read as follows: 10 Sec. 21-422.1 Written authorization required. 11 (a) No tow truck service or operator shall remove any 12 trespassing vehicle from private property without first obtaining, 13 at the time the vehicle is towed, specific written authorization of 14 the owner of the property from which the vehicle is towed, or the 15 owner's agent. Such written authorization shall identify the 16 vehicle to be towed by make, model, and color and shall include the 17 legibly printed name of the agent or owner, as well as the agent's 18 or owner's sianature. This written authorization shall be in 19 addition -to any written contract between the tow truck service and 20 the owner of the property or his agent. For purposes of this 21, subsection, "agent" shall not include any person who either. (i) is 22 related by blood or marriage to the towing and recovery operator or 23 (ii) has a financial interest in the towing and recovery operator's 24 business. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (b) Written authorization shall not be required if the owner or operator of the private property is a business and the business is closed at the time of the tow. (c) This section shall not apply to residential parking lots, decks, garages, or spaces. COMMENT This amendment requires tow truck services to obtain specific written authorization of the property owner or agent before towing a trespassing vehicle from the -property. The written authorization will identify the specific vehicle to be towed and will include the owner's or agent's signature and legibly printed name. This written authorization is in addition to any contract between the tow service and the property owner. This provision should reduce the practice of so-called "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to the towing and recovery operator or has a financial interest in the towing and recovery operator's business, the agent is not permitted to authorize towing from the property. Subsection (b) provides that the written authorization is required only when the business that owns or operates the parking lot or area is open. Subsection (c) exempts residential parking lots, decks, garages, or spaces from the provisions of this section. BE IT FURTHER ORDAINED that this ordinance shall become effective on July 1, 2006. COMMENT A change to state law allows the City to enact Section 21-422.1, which requires written authorization of the property owner or agent prior to a tow from private property. The state law, however, does not go into effect until July 1, 2006. Accordingly, the addition of this section to the City Code will be effective on July 1, 2006. Adopted by the City Council of the City of Virginia Beach, 56 Virginia, on this day of APPROVED AS TO LEGAL SUFFICIENCY: .;ev4tte� J.�:7 City Attorney's Office K CA-10053 H:\PA\GG\OrdRes\Proposed\Tow Written Auth alt R-6 June 22, 2006 -27- Item V.K.3✓b/c RESOLUTIONS/ORDINANCES ITEM #55235 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of June 27, 2006: Ordinance to AMEND the City Code: b. AMEND §§21-422, 21-426, 21-429 and ADD § 21-422.1 re the use of nonconsensual towing from private property to enforce parking restrictions c..AMEND §21-426 re maximum basic towing fee for nonconsensual tows Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood I,rIRRr�Ys7inl.1 G�n;1BFjC�, �u . NF.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code Pertaining to Charges for Towing MEETING DATE: June 27, 2006 ■ Background: The City Code currently provides that the maximum basic towing fee that may be charged for nonconsensual tows is $85. This amount was set by City Council in -.May 2004. The Towing Advisory Board has requested that the rate be increased to $125, due to the increasing cost of doing business, including operational costs and fuel. This item was deferred by City Council on May 23, 2006. ■ Considerations: A change in state law will raise the fee for tows not regulated by local ordinances from $85 to $125, effective July 1. The rates in Chesapeake, Suffolk, and -Hampton track the state code, so rates in those cities will increase to $125 on July 1. Portsmouth recently increased rates to $105, effective July 1. Norfolk's rate is $105, and Newport News' rates are tiered, ranging from $120 to $305, depending upon the type of tow. City staff believes an increase is warranted. The attached ordinance would increase the tow rate to $125. ■ Alternatives: The tow rate could be changed to an amount other than $125. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachment: Ordinance. Requested by: Councilmernbers Diezel and Maddox City Mianager:. REQUESTED BY COUNCILMEMBERS DIEZEL AND MADDOX 1 AN ORDINANCE TO AMEND CITY CODE SECTION 21-426 2 PERTAINING TO CHARGES FOR TOWING 3 4 SECTION AMENDED: § 21-426 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-426 is hereby amended and reordained, to read 8 as follows: 9 Sec. 21-426. Charges for towing and storage of vehicle; receipt 10 required. 11 12 (a) No tow truck service or operator operating within the 13 city shall, at any time, charge a basic towing fee greater than the 14 fees set forth below: 15 TABLE INSET: Gross weight of vehicle Maximum fee 11,000 pounds or less $-g-&125.00 11,001 pounds or more $285.00 16 The basic fee shall be inclusive of any additional towing services 17 such as the use of a dolly. This subsection shall apply only when a 18 vehicle is moved or towed without the prior consent and agreement 19 of the owner or custodian of the vehicle. 20 (b) No tow truck service or operator shall assess any charges 21 for storage for the initial twenty-four (24) hours, nor charge more 22 than twenty dollars ($20.00) per twenty -four-hour period 23 thereafter, for any vehicle with a gross weight of 11,000 pounds or 24 less removed from private property without the consent of the owner 25 or custodian of the vehicle, whether such tow orininates in this 26 city or any other jurisdiction. For vehicles with a gross weight of 27 more than 11,000 pounds, a storage fee not to exceed twenty dollars 28 ($20.00) per twenty -four-hour period may be assessed after the 29 first twenty-four (24) hours. Delays caused by storage yard 30 personnel shall not be included when computing storage charges. 31 (c) If any vehicle is not redeemed within seven (7) days 32 after it is towed, the tow truck service shall be entitled to 33 recover an additional fee, not to exceed fifty dollars ($50.00), as 34 payment for the cost of any search conducted to determine the 35 registered owner and lien holder, if any, of the vehicle. 36 (d) No tow truck service or operator shall charge any fee for 37 mileage, or any other fee in addition to the basic towing fee set 38 forth in subsection (a) above. 39 (e) A monetary receipt for each and every fee collected must 40 be given to those persons whose vehicles have been towed by a tow 41 truck service, or released after hook up, upon release of the 42 vehicle. The information on the receipt must be clearly legible and 43 include the time, date and place of the tow, the name of the tow 44 truck operator who made the tow, and the name of the tow truck 45 service for which said operator works. The receipt must also list 46 the amount of money paid for the release of the vehicle, any 47 additional charges incurred in the tow, and the reason for said 48 additional charges. The following shall be printed conspicuously on 49 every receipt: "NOTICE: Virginia Beach City Code § 21-426(f) E 50 requires the tow company to offer you a Survey and Comment Form 51 with this receipt." A copy of the receipt must be retained by the 52 tow truck service for a period of one (1) year and shall be made 53 available for inspection by city police or the commissioner of the 54 revenue during normal business hours of the tow truck service 55 owner. 56 (f) A survey and comment form, developed by the Towing 57 Advisory -.Board, shall be offered to those persons whose vehicles 58 have been towed by a tow truck service, or released after hookup, 59 upon release of the vehicle. 60 COMMENT 61 This amendment will increase from $85 to $125 the basic towing fee that tow truck services may, 62 charge for nonconsensual tows. 63 64 Adopted by the City Council of the City of Virginia Beach, 65 Virginia, on this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: W T- - City Attorney's Office CA10037 H:\PA\GG\OrdRes\Proposed\Tow Truck Rates R-2 June 16, 2006 3 -24- Item V.J.S. ORDINANCES/RESOLUTIONS ITEM # 55278 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Resolution to REFER to the Virginia Beach Towing Advisory Board Ordinances re nonconsensual tows from private property and Police Department Wrecker List criteria revisions. The new language in the "written authorization " ordinance appears on lines 22-26 (new subsections (b) and (c). "(b) Written authorization shall not be required if the owner or operator of the private property is a business and the business is closed at the tim eof the tow. " (c) This section shall not apply to the residential parking lots, decks, garages, or spaces. " The new language in the Police Wrecker List Criteria appears in italics, at the bottom ofpage 3. "G. In addition to cash payment of fees, the acceptance of at least one of -two commonly used, nationally recognized credit cards is mandated by the City for all tows from public property (acceptance of credit card payment for drop fees is not mandated but is within the discretion of the tow truck service provider). Customers must be given reasonable notice of which maior credit card is acceptable as 2ayment This notice is to be offered via telephone when a customer calls about retrieving a vehicle and must be posted on the office signage. If cash is offered for payment the wrecker service will provide change for customers who do not have the exact fee amount due. " Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June h_ 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Virginia Beach Police Department Wrecker List Criteria (Revised June 6, 2006) MEETING DATE: June 27, 2006 ■ Background: On April 4, 2006, City Council was presented with a report of possible solutions to towing problems identified by City Councilmembers. One of the proposed solutions was to require tow companies to accept credit cards for tows from public property. All tows from public property are directed by police officers, so a draft revision of the department's Wrecker List Criteria was prepared. On April 4, City Council referred the revised criteria to the Towing Advisory Board for its review. On May 23, City Council was briefed on the board's advice. In response to concerns raised by the board, Councilmembers Diezel and Maddox met with staff, business owners, and industry representatives to consider minor changes to the proposed language. Those changes, which are italicized on page 3 of the attached document, clarify that a credit card must be accepted for payment of tow fees, but tow truck drivers are not required to accept a credit card for payment of the $25 drop fee that one pays if a trespassing vehicle has not yet been towed. Council referred the newly -revised criteria to the Towing Advisory Board for its advice on June 6. Because tow companies must obtain credit card processing equipment in order to comply with the revised criteria, the board requested that the effective date of the criteria be August 1, 2006. ■ Considerations: The revised criteria will require tow truck operators that are authorized to tow vehicles from public property to accept "one of two commonly used, nationally recognized credit cards." The quoted language is taken from a state law that authorizes this requirement. In order to provide tow companies time to obtain the necessary credit card processing equipment, the effective date of the revised Wrecker List Criteria will be August 1, 2006. ■ Public Information: Public information will be handled through the normal Council agenda process. E Attachments: Ordinance, Virginia Beach Police Departrr~ . rit WrFc;<ei ! ist Criteria (Revised June 6, 20061 quested by,-, Diezel ; ,nd Mad jox 1 AN ORDINANCE APPROVING THE VIRGINIA BEACH 2 POLICE DEPARTMENT WRECKER LIST CRITERIA 3 (REVISED JUNE 6, 2006) 4 WHEREAS, the Virginia Beach Police Department directs tows of 5 vehicles from private property; 6 WHEREAS, the Police Department has established criteria for 7 tow companies that are authorized to carry out Police -directed 8 tows; and 9 WHEREAS, the "Virginia Beach Police Department Wrecker List 10 Criteria (Revised June 6, 2006)" has been reviewed by the City of 11 Virginia Beach Towing Advisory Board and City Council has received 12 its advice with respect to the same. 13 NOW,- THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That the City Council hereby approves the "Virginia Beach 16 Police Department Wrecker List Criteria (Revised June 6, 2006)," a 17 true copy of which is attached hereto; and 18 2. That this ordinance shall become effective on August 1, 19 2006. - 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: i��G►�GQ%��'�i�L City TAttorney's Office CA10070 H:\GG\Ordres\Tow Wrecker List Criteria.doc R2 June 22, 2006 VIRGINIA BEACH POLICE DEPARTMENT WRECKER LIST CRITERIA Revised June 6, 2006 I. Statement of purpose: A. The Virginia Beach Police Department administers a wrecker list for the purpose of towing vehicles for police necessity. Reasons for the requests include driver arrests, motor vehicle accident disability, traffic hazards and illegal parking on city property. B. Those wrecker services on the list have agreed to abide by the criteria as indicated on this Wrecker List Criteria. The Criteria do not include protocols for every conceivable towing problem or issue that may arise; wrecker list services are expected to use common sense and courtesy when dealing with the public, the police department and their fellow wrecker services. C. The police department intends to administer the list in a fair manner. However, there is no guarantee that each wrecker service on the list will have any specified number of calls, nor is there a guarantee that all wrecker list services will have an equal number of calls. D. Tow truck services accepted for the Police Wrecker List will be used on wrecker requests in the areas nearest their places of business. In the event multiple wrecker companies are located in close proximity, they will be called in rotation as needed. E. Due courtesy and professionalism are required of all wrecker service's staff. F. The criteria are in the best interests of the citizens, tow truck services and the City of Virginia Beach. They are subject to change with thirty days notice to all companies on the police wrecker list. G. Adherence to these criteria does not exempt any tow truck service operator from complying with Chapter 21, Article XI, Division 3 of the Code of the City of Virginia Beach or any applicable state laws regulating tow truck service operations. H. A violation of these criteria or applicable laws may result in the suspension or removal of a wrecker service from the Police Wrecker List. Compliance and violations are the purview and determination of the Chief of Police or his designee. Wrecker services are to fully cooperate with any investigation conducted by the police department. H. Qualifying criteria: A. An application is to be filed by the owner or manager for a wrecker service. This applicant must have control over the business practices and policies of the wrecker company. After each two-year period on the list, wrecker services must reapply. A wrecker service applicant can voluntarily have his wrecker service removed from the list at anytime with adequate notice to the Special Operations' Administrative Officer. B. The applicant may not have a conviction for any felony or any misdemeanor assault, fraud or larceny within 10 years of the application date. C. A wrecker service must have and maintain a current City of Virginia Beach business license and have been operating in good standing for at least a year prior to application. D. A wrecker service's business office and storage facility/compound must be collocated within the boundaries of Virginia Beach. E. A wrecker service's facilities must be in compliance with all provisions of the City Zoning Ordinances applicable to tow truck operations and storage of motor vehicles. F. The wrecker service facility must have signage indicating the business name that is capable of being read from the street on which its address is indicated. G. The office area where customers are received during business hours must have signage which can reasonably be seen from the outside of the business; this signage must list the name of the business, the hours of operation, and a method of contacting the business for vehicle recovery after business hours. H. In addition to above signage requirements, a sign shall be prominently displayed (so that it can be seen by customers in the parking lot) specifying the tow and storage rates. I. The office of a wrecker must have an entrance for customers that is outside of the locked fenced storage compound, or an unencumbered method for customers to enter the fenced compound to get to the office, or a means for a customer to contact an on -site staff member to gain entry. J. The office must be a building with a working heat source. A clean toilet facility must be available for customer use. A telephone must also be made available for customer use. K. A fenced locked compound (or capable of being locked during non -business hours) is required. The fencing is to be a minimum six-foot chain link fence with barbed wire across the top; if City Zoning Ordinances do not allow for this type of fencing in the zone where the wrecker service is located, then other appropriate security fencing is required. L. Wrecker services must have sufficient lighting to illuminate their customer parking area and the fenced compound area. M. Business operations: A. Every wrecker service must carry insurance meeting the requirements of the City's Office of Risk Management as specified in section 18-55.1 of the Code of the City of Virginia Beach. The applicant wrecker service must send a copy of their certificate of insurance to the Special Operations' Administrative Officer where it will be kept on file. Whenever the policy is renewed, the wrecker service is to send an updated copy of the insurance certificate. It is imperative that the Special Operations' Administrative Officer be informed of any changes to a company's insurance. B. All tows done under police authority shall be charged using rates not exceeding those specified under City Code 21-407 for non-consensual tows from private property, except as noted below. 2 C. Notwithstanding the tow charge authorized in IIIB of these criteria, for vehicles towed at police request from accident scenes, arrest scenes or as recovered stolen vehicles, an additional recovery charge is authorized in the following circumstances: the wrecker service has been on scene in excess of 30 minutes and the vehicle, due to its location or circumstance, requires the use of a winch for recovery. Such location or circumstance that would justify recovery costs are: the vehicle is in a ditch, down a slope, over a guard rail, in a body of water, intruding into a building or structure, abutting or adhering to a tree or similar object, within a wooded area, where the vehicle is overturned or in cases in which more than one wrecker is required for recovery. The allowable recovery charge in these circumstances is half the authorized tow rate (as stated in IIIB) per 30-minute period beyond the first 30 minutes a wrecker is on scene. In order to document this recovery time, a wrecker driver may request the on scene investigating officer (or his designee) to record the arrival and completion times on the police department tow form (PD50-6). If it is determined that a wrecker service is intentionally delaying the time for recovery or misrepresenting the recovery time, that will be grounds for removal of that wrecker service from the police wrecker list. D. In circumstances in which police have requested a wrecker for which a driver is unavailable at the time of the request and an eligible driver arrives on the scene while the vehicle is being hooked up or after hook up but prior to leaving the scene, the vehicle is to be released for a drop fee in keeping with the rate not to exceed that specified in City Code 21-405. E. Wrecker service offices are to be staffed at a minimum of Monday — Friday from 9:00 A.M. to 5:00 P.M. During non -business hours, a wrecker service representative must be reachable to release a towed vehicle or allow release of personal property within the vehicle to the owner/custodian (as defined in City Code 21-400) in a minimum amount of time not to exceed two hours. However, in a case in which the vehicle was towed due to the arrest of the driver, the owner/custodian may only reclaim it between 9:00 A.M. to 5:00 P.M. seven days a week, or during normal business hours (if those hours exceed the hours stated above). In no case should a vehicle be released to a driver/custodian who appears to be alcohol or drug impaired. F. Tow trucks are to respond promptly when summoned. Reasonable response times are no longer than 20 minutes for a call during business hours and 30 minutes after business hours. If a delay in response occurs, the wrecker service is to immediately notify E911 Communications. There are exceptions for responses needed in rural areas or other extenuating circumstances. However, the importance of prompt response cannot be over -emphasized. When a wrecker service is called for a police requested tow, the operator is to advise the dispatcher of an E.T.A. G. In addition to cash payment of fees, the acceptance of at least one of two commonly used, nationally recognized credit cards is mandated by the City for all tows from public property (acceptance of credit card navment for drop fees is not mandated but is within the discretion of the tow truck service provider). Customers must be given reasonable notice of which major credit card is 3 acceptable as payment. This notice is to be offered via telephone when a customer calls about retrieving a vehicle and posted on the office sig_nage. If cash is offered for payment, the wrecker service will provide change for customers who do not have the exact fee amount due. H. Wrecker operators may not accept a call from E911 Communications and then pass the call to another company. I. Any wrecker service unable to accept calls for a period of longer than two hours shall notify E911 Communications. Likewise, the wrecker service is to advise E911 Communications when it is again available for police calls. It is not necessary to notify E911 Communications each time a wrecker service is occupied with other than a police call, unless that wrecker service is going to be tied up longer than two hours. J. Companies must provide 24-hour service for the towing of vehicles at police request. K. Vehicles towed at police request must be towed to the company's Virginia Beach location and maintained there until otherwise lawfully removed. L. Each wrecker service must produce an invoice for each police requested tow. That invoice is to reflect that the tow was made from Virginia Beach. Additionally, the customer copy of the invoice or receipt will have the following conspicuously printed on it (or on a sticker attached to it): "NOTICE: Virginia Beach City Code 21-426(f) requires the tow company to offer you a Survey and Comment Form with this receipt." The Survey and Comment Form will be made available to those retrieving vehicles towed at City request. M. For vehicles that have not been retrieved by their owners within seven days of the tow, a VSA 41 Form (Mechanics or Storage Lien Application) is to be submitted to the Virginia Division of Motor Vehicles. Should a wrecker service encounter a problem while completing this process, they may contact the below listed police employee: Ms. Janice Little Virginia Beach Police Department Support Division — Records 2509 Princess Anne Road Virginia Beach Police Department Fax # 427-4089 Desk # 427-8172 If a vehicle is not recovered within seven days, wrecker services may charge a fee, not to exceed the amount authorized for private non-consensual tows in City Code 21-407(c), for the owner or lien holder search. N. Police requests to tow trailers, including boat trailers with boats, will be handled as motor vehicles for towing purposes. However, the Virginia Department of Game and Inland Fisheries is the agency for obtaining owner registration and lien holder information on boats. Assistance in this matter can be obtained from Ms. Janice Little, as noted in IIIM above. O. For cases in which a vehicle was impounded under the authority of Virginia State Code 46.2-301.1 and a court order had been issued for release of that vehicle, the wrecker service will release that vehicle to the owner/custodian. If the court order notes that the vehicle is to be released without cost to the owner, the wrecker 0 service shall release it without charging the owner/custodian; the wrecker service may then submit paperwork to the court for reimbursement of his tow and storage services as authorized by Virginia State Code 46.2-301.1B. However, if release of the vehicle is ordered but the court order does not specify that the release is to be without cost to the owner, then the vehicle may be released upon payment of applicable tow and storage charges by the owner/custodian. P. For cases in which a wrecker service tows a verified stolen vehicle (as determined by the assigned investigating officer), the wrecker service will release the vehicle to the owner/victim without charge. The wrecker company may then submit paperwork for reimbursement of tow and storage services as authorized by Virginia State Code 46.2-1209. Q. In order to maintain public peace and good order, a police officer may order the release of a vehicle for city requested tows in keeping with circumstances outlined for private non-consensual tows as noted in City Code 21-406(d). IV. Wrecker requirements: A. Tow trucks must be of sufficient size and adequately equipped to handle any vehicle (up to 8,000 pounds) involved in an accident or otherwise disabled. B. Each tow truck must be equipped with a winch with a minimum pulling or hoisting power of 8,000 pounds. C. In addition to standard lighting required on motor vehicles, tow trucks must be equipped with flashing, blinking or alternating (rotating) amber lights as required by Virginia State Code 46.2-1025. D. Tow trucks are required to have either permanently mounted signs or signs painted directly on the sides in keeping with the direction of Virginia Beach City Code 21-404. Removable magnetic signs are not acceptable. Lettering must be at least two inches in height. These signs must state the name, Virginia Beach address and phone number of the wrecker company. E. Tow truck operators are responsible for the clean up and removal of debris from an accident scene before departing as required by section 18.2-324 of the Code of Virginia. Therefore, wreckers are to be equipped with a broom, shovel, debris container, and a minimum of five gallons of a fluid absorbing substance; this five gallons is the minimum that is to be carried on board; however, if more is needed, Wrecker operators are to have quick access to more. If two or more wrecker operators are summoned to police scenes, they are equally responsible and cooperation is expected for clean up. Debris from clean up is not to be deposited into a vehicle towed from the scene. F. Wrecker operators are not to remove a vehicle from an accident or arrest scene until directed to do so by the investigating officer or his designee. Officers should stand by the scene of a tow until the tow truck operator has completed any necessary clean up and is ready to depart the scene with the vehicle. G. All wreckers to be used on police requested tows will be inspected by the Police Department Special Operations' Administrative Officer. Any and all deletions, additions and replacements of wreckers must be reported immediately to the 5 Police Department's Special Operations' Administrative Officer so inspection can be performed. H. Wrecker operators must possess a valid operator's license. Operators of wreckers in excess of 26,000 pounds must also possess a Class "A" commercial operator's license and current medical examiner's card. All wrecker drivers must be sober, reliable and responsible in the operation of their equipment. V. Special Considerations for Resort Area Towing: A. Those wrecker companies on the Police Wrecker List located in close proximity to the Oceanfront may be considered for use in towing police requests for RPP violations, city parking deck/lot violations, and other city parking violations. Those wrecker services used for this purpose will be at the discretion of the Chief of Police or his designee. B. Those wrecker companies selected to assist the City by towing for these violations must also staff their offices between 7:00 P.M. and 4 A.M., seven days a week from Friday of Memorial Day weekend through Labor Day. C. When a wrecker has been requested to tow a vehicle using the RPP sticker system, the wrecker service shall report the tow information regarding that vehicle to E911 Communications within 30 minutes of the tow. If a vehicle is gone upon arrival of the requested wrecker service, that wrecker service shall report that fact to E911 Communications within 30 minutes of that discovery. D. Response to police requests for RPP towing will be as soon as practical. However, other (accident, arrest and traffic hazard) police calls are to take priority. Approved as to Content: A. M. Jacocks, Jr., Chief of Police Approved as to Legal Sufficiency: Kathy D. Rountree, Public Safety Attorney R a c, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of a 12 '/2 Foot Zodiac Classic Mark 2 Inflatable Marine Vessel from Zodiac Boats to the Virginia Beach Police Marine Unit Patrol MEETING DATE: June 27, 2006 ■ Background: The Police Department was recently offered a donation of a Zodiac Classic Mark 2 inflatable marine vessel (12 '/2 ft) from Zodiac Boats. The advantage of adding this type of watercraft to the Police Department's Marine Patrol Unit is its ability to carry officers and equipment into shallow water areas, and its ease of portability. Zodiac Boats makes this offer at an opportune time. Currently, the Marine Patrol Unit has a 12' inflatable craft that is more than 15 years old and in need of replacement. Securing this vessel would allow the Marine Patrol Unit to replace an existing asset at minimal cost to the City. Further, the existing equipment, such as the outboard motor, navigation lights, and GPS, on the 12' inflatable can be transferred to the new asset without additional costs. ■ Considerations: Under the provisions of State Code § 15.2-1108, Council must accept gifts related to the function of the municipal corporation. The donated vessel will improve the law enforcement efforts of the Virginia Beach Police Department Marine Patrol Unit. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police City Manager: r V • � Sr"I"Z. 1 AN ORDINANCE TO ACCEPT A DONATION OF A 2 12% FOOT ZODIAC CLASSIC MARK 2 3 INFLATABLE MARINE VESSEL FROM ZODIAC 4 BOATS TO THE VIRGINIA BEACH POLICE 5 MARINE UNIT PATROL 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That a donation of a 12 % foot Zodiac Classic Mark 2 11 Inflatable Marine Vessel valued at approximately $9,000.00 from 12 Zodiac Boats is hereby accepted. This equipment will be used by 13 the Virginia Beach Police Marine Unit Patrol. The City of 14 Virginia Beach shall not be responsible for the replacement of 15 this equipment. 16 COMMENT 17 18 This Ordinance accepts a 12 1/2 foot Zodiac Classic Mark 2 Inflatable Marine Vessel 19 donated by Zodiac Boats for use by the Virginia Beach Police Marine Unit Patrol. 20 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia on the day of , 2006. APPROVED.AS TO CONTENT: p� S�W - Police Department CA10046 H:\PA\GG\OrdRes\Zodiac Boat Donation ORD R-1 June 6, 2006 APPROVED AS TO LEGAL SUFFICIENCY: City t to rNey' Office PGLNL4B�� :2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease for space for City Owned Property Location — 2425 Nimmo Parkway MEETING DATE: June 27, 2006 ■ Background: The City of Virginia Beach has been leasing space to the Commonwealth of Virginia to house and operate the Adult Probation and Parole Office in the Judicial Center since 1993 pursuant to various lease arrangements. This lease would be a continuance of this relationship. ■ Considerations: The lease is for 8,000 square feet of space in the Judicial Center. The term is for four (4) years with automatic yearly renewals, unless terminated by either party. Rent is $106,000 per year, with a 3% annual escalation. - ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Summary of Terms Ordinance Lease Location Map Recommended Action: Approval Submitting Department/Agency: City Manager: K Management �ces / Facilities Management Office I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH THE COMMONWEALTH 4 OF VIRGINIA, DEPARTMENT OF GENERAL 5 SERVICES, FOR 8,000 SQUARE FEET OF 6 OFFICE SPACE IN THE JUDICIAL CENTER 7 LOCATED AT 2425 NIMMO PARKWAY IN THE 8 CITY OF VIRGINIA BEACH TO HOUSE AND 9 OPERATE THE ADULT PROBATION AND PAROLE 10 OFFICE 11 12 WHEREAS, the City of Virginia Beach ("the City") is the 13 owner of the Judicial Center located at 2425 Nimmo Parkway in 14 Virginia Beach, Virginia; 15 WHEREAS, the Commonwealth of Virginia, Department of 16 General Services ("the Commonwealth") would like to enter into a 17 formal lease arrangement with the City for approximately 8,000 18 square feet of office space located in the Judicial Center (the 19 "Premises"); 20 WHEREAS, the Premises will be utilized as an Adult 21 Probation and Parole office; 22 WHEREAS, the Commonwealth has agreed to pay the City 23 $106,000 for the use of this property for the first twelve-month 24 period; 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 That the City Manager is hereby authorized to execute a 28 lease for a term of less than five (5) years between the 29 Commonwealth of Virginia, Department of General Services and the 30 City of Virginia Beach for the Premises in accordance with the 31 Summary of Terms attached hereto and such other terms, 32 conditions or modifications as may be satisfactory to the City 33 Attorney and the City Manager. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the day of CA10004 X:\OID\REAL ESTATE\LEASES\Commonwealth of Virginia (DOC)\Adult Probation Parole ORD.doc R-1 6/16/2006 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0 - Crtyj 1 2006. APPROVED AS TO CONTENT orney Departm nt of Deanagement Services SUMMARY OF TERMS LEASE FOR THE USE OF 8,000 SQUARE FEET OF OFFICE SPACE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Commonwealth of Virginia, Department of General Services PREMISES: Office Space comprised of approximately 8,000 square feet in the Judicial Center located at 2425 Nimmo Parkway in the City of Virginia Beach TERM: June 1, 2006 through May 31, 2010 RENT: Rent for Year one (1) shall be $106,000, payable in equal monthly installments of $8,833.33. Rent will increase annually by 3% per year. RIGHTS AND RESPONSIBILITIES OF THE COMMONWEALTH OF VIRGINIA: • Will use the Premises for housing its Adult Probation and Parole office. • Will maintain hours of operation between 7:15 a.m. and 7:00 p.m. Monday through Friday. • Will be responsible for all liabilities caused by the negligence or omissions of its agents and employees. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain insurance coverage on the Premises against casualty loss and general commercial liability insurance. • Will have access to the premises at any time, without prior notice, in the event of an emergency. TERMINATION: Either party may terminate the Lease at the end of the Initial Term or any Renewal Term upon providing a minimum of three (3) months' written notice to the other party. 0 o a 3 v o Oc 'c x o d 3� c n. ""� •a yam., A� a F v O .0 o "u s o y O c o 5 U A c E Uno q' c u u° 0.° do AM••y x"..' RyohS Y9UE: y+ n.°. ,WLcOC2p .U'^_ WooVoR.'i°>w' voc"o •Uu��' wmu h0 0yo U& 0 .SEE yc7 ma7=0� ma .(�oj O yV .�>" a>¢UaE .v�ec 'u•nci=': ' yo N F.a'E7 QtiW sxV m u FE .Qa.1 .-0TG heoE ya7wac`° '°sa�oN v>aE �Un> , U¢U_ucc°, .U•.cccyy Wacc°c>to uG, °❑vyc' jOynae=° F A o0. n s °° u va az=o E 0 c o •po>'u o wU _ u d U•>mEo U U. W a .? w E ca o y°uccEe U'uo u C00 r A" O ccn .0 aS O `UUrwU 0 >O aUoO U �UvI GvcGOuxAUuI o2% mr W 4 fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with Commonwealth Support Systems for 2,300 square feet of space located on the ground floor of the Judicial Center at 2425 Nimmo Parkway, Virginia Beach, Virginia MEETING DATE: June 27, 2006 ■ Background: The City of Virginia Beach owns a 2,300 square foot cafeteria on the ground floor of the Judicial Center. The lease agreement with the former operator terminated in May 2005. Commonwealth Support Systems, a non-profit organization that assists persons with disabilities, has expressed their interest in leasing and operating this site as a cafeteria. The cafeteria would also be used as a training center for disabled employees while providing the desired food service operation for the Judicial Center. The lease is for one (1) year with four (4) one-year renewal options upon mutual agreement. ■ Considerations: This lease would be for a term of one year and both parties have the option to terminate after thirty (30) days notice. Nominal rent of $1.00 per year due to the charitable nature of the organization. ■ Public Information: Advertisement of public hearing ran in The Virginian Pilot; Beacon, in accordance with state law. Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Lease Location Map Recommended Action: Approval Submitting Department/Agency: Management �_s Facilities Management Office City Manager: i 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH COMMONWEALTH 4 SUPPORT SYSTEMS FOR 2,300 SQUARE FEET 5 OF SPACE LOCATED ON THE GROUND FLOOR OF 6 THE JUDICIAL CENTER AT 2425 NIMMO 7 PARKWAY, VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of a 2,300 square foot cafeteria on the ground floor of 11 the Judicial Center located at 2425 Nimmo Parkway in Virginia 12 Beach, Virginia (the "Premises"); 13 WHEREAS, Commonwealth Support Systems, a non-profit 14 organization that assists persons with disabilities, 15 ("Commonwealth") would like to enter into a formal lease 16 arrangement with the City for the operation of the Premises; 17 WHEREAS, the Premises will be utilized as a cafeteria for 18 visitors and employees of the Judicial Center and also be 19 utilized as a training center for disabled employees; 20 WHEREAS, Commonwealth Support Services due to the 21 charitable nature of the organization, has agreed to pay the 22 City $1.00 per year for an initial one-year term with four 23 (4)mutual one-year renewal options; 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to execute a 27 lease for a term of less than five (5) years between 28 Commonwealth Support Systems and the City, for the Premises in 29 accordance with the Summary of Terms attached hereto and such 30 other terms, conditions or modifications as may be satisfactory 31 to the City Attorney and the City Manager. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia on the day of 2006. CA-9999 XA01D\REAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMS\ordin=ce.DOC R-1 June 16, 2006 APPROVED AS TO LEGAL SUFFICIENCY AND Signature APPROVED AS TO CONTENT f)d,4 Signat re J/ e4- It ✓ c c3 / �jFG. �•r3 �d z Department SUMMARY OF TERMS LEASE FOR THE USE OF 2,300 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: CITY OF VIRGINIA BEACH LESSEE: COMMONWEALTH SUPPORT SYSTEMS, INC. PREMISES: Approximately 2,300 Square Feet of City property, comprising the cafeteria on the ground floor of the Judicial Center located at 2425 Nimmo Parkway in Virginia Beach, Virginia. TERM: August 1, 2006 through July 31, 2007 with four optional one-year renewals upon mutual agreement. RENT: Rent shall be One Dollar ($1.00) Per Annum RIGHTS AND RESPONSIBILITIES OF COMMONWEALTH SUPPORT SYSTEMS, INC: • Will use the Premises as a food services cafeteria. • Will remain open to the general public every Monday through Friday except for holidays observed by the City of Virginia Beach or the Commonwealth of Virginia. • Will maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the Premises at reasonable times, during normal business hours, for the purposes of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. • Will maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Will provide payment for all water, sewer, and stormwater utility costs, and for the costs of waste collection. TERMINATION: In the event of a default by the Tenant, the City may terminate the Lease whereupon Tenant shall quit and surrender the Premises to the City. XAOIDUiEAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMS\SUMMARY OFTERMS.doc JUDICIAL CENTER CAFETERIA LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made this _ day of , 2006 by and between the City of Virginia Beach, a municipal corporation, party of the first part, hereinafter referred to as the City, and Commonwealth Support Systems, Inc., a Virginia corporation, party of the second part, hereinafter referred to as Tenant, whose place of business is located at 349 Southport Circle, Suite 107, Virginia Beach, VA 23452. WITNESSETH: That for and in consideration of the terms, conditions, covenants, promises, and agreements herein made, the City does hereby lease to Tenant the following described premises (hereinafter referred as the "Premises" or the "Demised Premises"), being all that certain space shown on the floor plan hereto attached, made a part hereof and marked as Exhibit A, together with that certain equipment designated to be provided by Owner listed on Exhibit B hereto attached and made a part hereof, upon the terms and conditions hereinafter set forth. 1. USE OF PREMISES: (a). The Demised Premises shall be used only as a food services. cafeteria and for the retail sale of minor items of prepackaged food, such as candy, cookies and chewing gum. Tenant shall not use, or allow the Demised Premises to be used, for any other purpose other than expressly stated in this Agreement. (b). No alcohol or alcoholic beverages shall be sold or consumed in or upon the Demised Premises at any time. Tenant shall not permit containers of alcohol or alcoholic beverages, unopened or otherwise, in or upon the Demised Premises. Tenant shall not conduct, or allow to be conducted, any illicit activity in or upon the Demised Premises at any time. (c). Tenant shall not allow any person, other than bona fide employees or other persons approved by the City, to remain in or upon the Demised Premises at any time except during regular business hours when the Premises is open to the general public. 2. TERM OF LEASE: The term of this lease shall be for one (1) year, commencing on 2006 ("Commencement Date") and expiring, unless sooner terminated in accordance with the provisions of this Agreement, at midnight on 2007 (the "Initial Term"). Upon mutual agreement of the parties hereto, the Agreement may be renewed for four additional one -year terms on the same terms and conditions as set forth herein ("Renewal Term"). Unless otherwise terminated as provided herein, at the end of the Initial Term this Lease shall automatically renew and continue in full force and effect from year to year at the same annual rental, subject to all terms, conditions, covenants, promises, and agreements herein contained. It is understood this contract is being made with a non-profit corporation and if the ability to operate for cost ceases, Tenant may provide the City 30 days' notice to terminate the Lease. 3. RENT: Rent for the Demised Premises, beginning with the Commencement Date of the Initial Term of this Lease, shall be $1.00 annually during the term of this Lease and any Renewal Term hereof, which Tenant shall pay to the City, in advance, at such place as may be designated by the City. 6 4. BUSINESS RECORDS: (a). Tenant shall keep on the Demised Premises, or at a location made known to the City by Tenant, for a period of at least one (1) year following the end of each lease year, a complete and accurate record of all gross sales of merchandise and service and all other revenue derived from business conducted at, in, from and upon the Demised Premises during each fiscal year (July -June). Tenant further agrees to keep for at least (1) year after the expiration of each preceding lease year all original sales records, sales slips, sales checks and other original sales records. (b). Accurate nonresettable cash registers or an alternative form or other modern system shall be furnished, installed, kept and used by Tenant within the Premises, which register or system shall record and preserve, in complete detail, all items comprising gross sales. All such items, including sales tax reports, business and occupation tax reports, and all other records and books kept by Tenant in relation to its business conducted at the Demised Premises, shall be open to the inspection and audit of the City, or persons designated by the City, during ordinary business hours. Such records shall be kept separately and apart from any records maintained by Tenant in connection with any other business enterprise. 5. HOURS OF OPERATION: (a). The food services cafeteria contemplated by this Agreement shall be open for business Monday through Friday, with the exception of holidays observed by the City of Virginia Beach and/or Commonwealth of Virginia or for reasons of emergency. Presently, City observed holidays are: New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving 3 Day, Christmas Day, and one-half the regular workday the twenty-fourth day of December except when Christmas Eve falls on a Friday, Saturday, or Sunday. (b). In the event major repairs to the Demised Premises are necessary, and such repairs cannot be made practicably during normal business hours, Tenant shall be required to close the food services cafeteria while such repairs are being performed. 6. SERVICE: (a). It will be the direct responsibility of the Tenant to manage the Premises in accordance with such policies, standards, and procedures as may be established by the City. (b). The Tenant shall prepare and serve food and beverage on the City's regular business days. Advertised meal times will be promptly observed regarding opening of the cafeteria and the serving lines. 7. PERSONNEL: (a). The Tenant shall employ Manager (s), acceptable to the City of Virginia Beach, responsible for all food service functions at the Demised Premises and sufficient staff to operate the food services cafeteria. (b). The Tenant will recruit, train, supervise, direct, discipline, and if necessary, discharge any and all of its personnel working in the Premises. All personnel furnished by the Tenant shall at all times and for all purposes be solely in the employment of the Tenant. (c). The Tenant shall require employees to comply with all instructions, regulations, and codes of conduct as specified by the City. rd (d). The Tenant shall require all employees to meet the appropriate health standards prescribed by municipal, state and federal laws and regulations. (e). Employees of Tenant whose duties require direct contact with customers must be able to effectively communicate regarding menu items and other matters involving customer service. (f). Employees of the Tenant shall be appropriately attired and easily recognized when performing -their work assignments at the premises. The term "appropriate attire" is interpreted to include all apparel, name tags, hats, hair nets, etc_ Attire will be distinctive so as to clearly identify Tenant's personnel. (g). Attire shall be clean, unstained, well -fitting, and repaired. They shall not contain commercial advertising except that hats or name tags may contain the Tenant's name. Shoes shall meet sanitation and safety requirements. Open -toed shoes or sandals shall not be worn. (h). All personnel shall wear name tags furnished by the Tenant with a minimum of the last name, i.e., Mr. Edwards, Mrs. or Ms. Jones, etc. In addition, the tags worn by the Managers and Supervisors shall indicate their job titles. (i). The Tenant shall require all employees to utilize authorized and designated entrances and exits during working hours. 0). The Tenant shall assure that the Manager or an immediate assistant will be in the premises during all hours of operation and will be available to customers during peak hours. (k). The Tenant shall bear financial responsibility for any vandalism or loss due to dishonest acts on the part of his employees. 01 (1). The Tenant shall notify the Facilities Management Office of impending labor, employee, vendor, or any other circumstances that could adversely affect the operation of the food services cafeteria. 8. GOODS AND FOODSTUFFS: Tenant shall keep upon the Demised Premises, or have ready access to, sufficient quantities of goods and foodstuffs to have the same available for use without disruption of the business of Tenant. All foods served or sold by Tenant shall be of good quality and shall meet or exceed all applicable federal, state and local regulations and standards. The specifications for these products shall be no less than the following federally recognized grades: Dairy Products Butter Meat Fish Frozen Fruits & Vegetables Poultry Products 9. OUALITY STANDARDS: Grade A 93 Score U.S.D.A. Inspected Choice U.S. Government Inspected Highest Quality Available U.S.D.A. Inspected -Grade A The Tenant shall serve tasty, appetizing, wholesome, and nutritional foods under clean and sanitary conditions. The Tenant shall maintain the high -quality standards of the City through strict adherence to established purchase specifications, standard recipes, cooking techniques and temperatures, and portion sizes. C.1 10. SANITATION AND SAFETY: Tenant shall maintain, at all times, the premises in a clean and sanitary manner in accordance with all federal, state, and municipal laws, codes, and regulations. The Tenant shall train all employees to follow a "clean -as -you -go" policy. The premises are subject to inspection by the City of Virginia Beach Department of Environmental Protection as well as authorized health officials and others at any time. Pest Control and like services shall be provided by Tenant on a regularly scheduled basis. 11. MENUS: The Tenant shall be responsible for providing a variety of quality and nutritionally prepared foods at a reasonable price. 12. CASHIERING: (a). The Tenant shall be responsible for providing the necessary electronic cash registers for the food service facility, to include their installation, and assumption of their maintenance requirements. A cash register system shall be selected according to the following specifications. (i) The machines shall be electronic cash registers. (ii) The registers shall issue an itemized receipt. (iii) An abstract of food items sold with price extensions will be automatically prepared by the register on a daily basis. (b). The Tenant shall insure that a sufficient number of cash registers are available to adequately meet the requirements of each food service area. 7 13. PERFORMANCE STANDARDS: In addition to the requirement specified in this Agreement, the following performance standards are required of the Tenant. (a). Current weeks' menus posted at all times. (b). Cafeteria manager or immediate assistant shall be on serving area or dining area floor during lunch period to monitor operations and assist customers. Under no circumstances will managers replace cashiers on a full-time basis. (c). A cashier shall be at registers at all times. (d). All prices must be clearly marked and posted, and displayed next to item, i.e., salads, deserts, bottled juices. (e). Calorie, fat, and cholesterol counts, for all entrees shall be posted and displayed. Fiber and sodium counts shall be provided when available. (f). Tenant shall provide customer comment and suggestion cards at food service cafeteria and also conduct a quarterly Customer Satisfaction Survey. Results of survey are to be submitted to the Facilities Management Office. (g). The Tenant is expected to be especially attentive about cleanliness in all areas: serving, dining, cooking, kitchen, storage, dishwasher, and refrigerator. 14. REFUSE: Tenant shall deliver refuse to the Trash Room located on the ground floor of the Court Building, Rm. B002, and ensure that all refuse is placed in such containers as may be required by the City. Grease shall not be disposed of through the building sanitary sewer system. 15. UTILITIES: (a). The City shall provide the following utilities and services for the premises: Electricity; Gas; Heating per building policies of the City of Virginia Beach Government's Energy Conservation Program; Air conditioning per building policies of the City of Virginia Beach Government's Energy Conservation Program; hot and cold running water; Ventilation; Building maintenance and repairs for major structural items such as surfaces, walls, and ceiling, and the replacement of light bulbs in all light fixtures requiring relamping. (b). The City shall not guarantee the uninterrupted provision of the above utilities and service except to insure that all reasonable and diligent efforts will be pursued in restoring any interrupted service. The City shall not be liable for product or revenue loss which may result from interruptions or failure of the above services. 16. OFFICE EQUIPMENT: The Tenant shall be responsible for procuring, installing, and maintaining its own telephone, copier, computer, and general office equipment used in the premises. Unless otherwise authorized, the Tenant shall be prohibited from using telephone, copier, computer or general office equipment that is owned, rented, or leased by the City. 17. EQUIPMENT AND MAINTENANCE: (a). The Tenant shall make, or cause to be made, repairs to equipment, fixtures, paraphernalia and utensils used in the preparation, handling and serving of food and beverage, or otherwise used in connection with the operation of the cafeteria whether supplied by the City or the Tenant. Any item not repairable shall be replaced at Tenant's expense. The Tenant shall not 9 make or cause to have made any major repairs or modifications to the physical structures (walls, ceilings, floors, etc.) without the prior written approval of the Facilities Management Office. (b). The Tenant shall be responsible to maintain all kitchen equipment provided by the City and Tenant. (c). The Tenant shall prepare, initiate, and maintain a complete preventive maintenance program for the food service equipment located in the premises. (d). The City shall provide and install, and replace at its end of useful life, either new or used, all food service equipment listed in Exhibit B. Exhibit B may be modified as mutually agreed by both parties during any equipment replacement process. Equipment supplied by the Owner (City) shall remain the property of the City. (e). Damage to any equipment, facilities, or property of the City due to misuse or neglect on the part of the Tenant or his employees shall be repaired or replaced to the satisfaction of the City at the expense of the Tenant. (f). Tenant shall be responsible for the periodic maintenance of the three grease traps located in the demised premises. 18. GRAPHICS: The Tenant will be authorized to display his logos within the food service areas of the City of Virginia Beach. 10 19. ASSIGNMENT OR SUBLETTING: Tenant shall not assign this Agreement or sublet or encumber the Demised Premises or any portion thereof, or permit the Demised Premises or any portion thereof to be used by any person or entity other than Tenant or its patrons without the prior written consent of the City. 20. ALTERATIONS AND ADDITIONS: (a). Tenant shall not make, or cause or allow to be made, any alterations, additions or improvements to the Demised Premises without the prior written consent of the City. All alterations, additions or improvements, except as may be removed without damage to the Premises, and all fixtures, shall become the sole and entire property of the City upon the expiration or termination of this Agreement. (b). Tenant shall not place, or cause or allow to be placed, any sign or other advertising display or device upon or about the Demised Premises, without the prior written consent of the City. 21. FIRE AND OTHER EMERGENCIES: The Tenant shall immediately call the City of Virginia Beach Fire Department and notify the Facilities Management Office in the event of fire or other emergency. All employees shall be trained by the Tenant and shall comply with respect to fire, civil defense, bomb threat, and other emergency procedures established by the City of Virginia Beach. 11 22. SECURITY: The Tenant's security perimeter includes all of the food service space previously described and identified. The areas under the Tenant's jurisdiction shall be their responsibility relative to security at all times. The City of Virginia Beach provides periodic patrol of the City Municipal Center buildings during non-business/working hours. The food service facilities have been equipped with locking systems separate and apart from other areas of the City Office buildings. Designated employees of the Tenant shall have the responsibility to secure the areas following normal operating hours; designated employees of the Tenant shall have the responsibility for determining that all appropriate equipment and lights have been turned off, and appropriate doors locked as necessary when facilities are closed. A complete set of keys (excluding those used for cash control) for the premises shall be supplied to the Facilities Management Office upon request. 23. LIENS AGAINST DEMISED PREMISES: Tenant agrees to do or permit no act which will cause a lien of any nature to be placed upon the Demised Premises, and further agrees to indemnify the City for any and all liabilities incurred by Tenant, or its agents or employees, claimed or charged against the Demised Premises. 24. INDEMNITY AND HOLD HARMLESS: It is understood and agreed that Tenant hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Tenant, its subcontractors, agents or employees under or 12 in connection with this Agreement or the performance or failure to perform any work required by this Agreement. The Tenant shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, and Tenant shall, upon written demand by the City assume and defend at the .Tenant's sole expense any and all such suits or defense of claims. 25. INSURANCE: The Tenant agrees to secure and maintain in full force and effect at all times during the period this Agreement is in effect, the following policies of insurance: (a). Workers' Compensation Insurance as required under title 65.1 of the Code of Virginia. (b). Comprehensive General Liability Insurance, including contractual liability and products and completed operations liability coverage in an amount no less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name the City of Virginia Beach as an additional insured. All policies of insurance required herein shall be in a form and written by insurance companies acceptable to the City, and shall carry the provision, that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to the City. 13 26. INSPECTION AND ACCESS: (a). The City shall have the right to enter the Demised Premises at any reasonable time, upon reasonable advance notice to Tenant, for the purpose of inspecting the same or to make such alterations, repairs or improvements as the City may deem necessary or desirable. (b). The City, by its authorized personnel or agents, shall have the right to enter the Demised Premises at any time, with or without notice to Tenant, in cases of emergency. 27. FORCE MAJEURE: Neither party shall be obligated to perform hereunder and neither shall be in default if performance is prevented by fire, earthquake, flood, act of God, failure of utilities, riot, civil commotion or -other occurrences of like nature, and law, ordinance, rule, regulation, or order of any public or military authority. Tenant shall not be deemed to be in default to the extent that its performance is prevented by strikes or labor disputes other than strikes and labor disputes between Tenant and its own employees and, provided further, that this provision shall not excuse performance where any alternate supply of products, labor or services is available. 28. BANKRUPTCY OR INSOLVENCY: In the event Tenant shall file for bankruptcy or reorganization or be adjudicated bankrupt or insolvent or make any assignment for the benefit of creditors, or in the event Tenant's leasehold interest in the Demised Premises shall be subjected to execution or legal process, or in the event Tenant shall go into receivership, the City shall have the right to terminate this Agreement immediately, irrespective of whether Tenant is in default of any of the terms of this Agreement. 14 29. ABANDONMENT OR BREACH: In the event Tenant shall abandon the Demised Premises or breach any of the provisions of this Agreement and such abandonment or breach is not cured by Tenant within five days of delivery or mailing to Tenant of written notice of such abandonment or breach, the City shall have the right to terminate this Agreement. Such termination shall be effective upon the mailing or delivery to Tenant of notice of termination. In the event of termination hereunder, the City shall have the right to reenter and relet the Demised Premises and shall have the right to exercise any of its rights and remedies under applicable law. 30. NOTIFICATION: Any notifications required by this Agreement shall be delivered in person to, or mailed, certified mail, to: Tenant: City of Virginia Beach Facilities Management Office Municipal Center, Building #18 - Room 228 Virginia Beach, VA 23456 (757) 427-8234 Commonwealth Support Systems, Inc. 349 Southport Circle, Suite 107 Virginia Beach, VA 23452 31. SURRENDER OF PREMISES: (a). Tenant shall, upon the expiration or earlier termination of this Agreement, surrender the Demised Premises to the City in as good condition and repair as at the commencement of the term of this Agreement, reasonable wear and tear excepted. 15 (b). Tenant's equipment and service wares shall be removed from the City's premises within forty-eight (48) hours following the expiration of the term of this Agreement. (c) Tenant shall provide the City with a list of equipment and service wares that are supplied by Tenant throughout the term of this Agreement. 32. EXCLUSIVITY: During the term of this Agreement, Tenant shall have the exclusive right to operate a food services cafeteria located in the Premises. 33. LOSS OF PROPERTY: The City shall not be liable for the loss of any property of Tenant, or of its employees or agents, irrespective of the cause thereof. 34. NO PARTNERSHIP OR JOINT VENTURE: (a). It is understood and agreed by the parties hereto that they do not stand in the relationship of partners or joint venturers in connection with the operation of the restaurant establishment contemplated by this Agreement. It is further understood and agreed by the parties that neither party shall be held responsible for the debts or obligations of the other. (b). Tenant hereby acknowledges and agrees that its employees and agents are those of Tenant and not of the City, and nothing in this Agreement shall be deemed or construed to create or imply any employment or agency relation between the City and any of Tenant's employees or agents. 16 35. APPLICABLE LAW: This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 36. COMPLIANCE WITH ALL LAWS/NONPROFIT STATUS: Tenant shall comply with all federal, state and local statutes, ordinances, and regulations now in effector hereafter adopted, in the performance of scope of work set forth herein. Tenant represents that it possesses all necessary licenses and permits required to conduct its business and will acquire and additional licenses and permits necessary for performance of this contract prior to the initiation of work. Tenant further represents that it is a corporation in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the Agreement. Tenant further represents that it is a tax-exempt organization as described in Internal Revenue Code (IRC) Section 501 (c) (3) and will maintain this status during the Initial Term of this Lease and any subsequent Renewal Terms. Tenant shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contracted work. 17 37. VENUE: Any and all suits for any claims or for any and every breach or dispute arising out of this contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 38. SEVERABILITY: In the event any of the provisions of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. 39. NONDISCRIMINATION CLAUSE: (a). During the performance of this Agreement, the Tenant agrees as follows: (i) The Tenant, shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Tenant. The Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) The Tenant, in all solicitations or advertisements for employees placed by or on behalf of the Tenant, will state that such Tenant is an equal opportunity employer. (iii) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. (b). The Tenant shall include provisions of the foregoing subparagraphs, (i), (ii), and (iii) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon such subcontractor or vendor. 40. SIGNATURE OF THE PARTIES: As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH, VIRGINIA: Purchasing Agent TENANT: COMMONWEALTH SUPPORT SYSTEMS, INC. Lo Title: (SEAL) 19 Approved As To Content: Facilities *nageme Approved As To Legal Sufficiency aqid Form: I;Ai A gnatur— (11 7- STATE OF CITY/COUNTY OF Approved to Risk Management: to -wit: Signature The foregoing instrument was acknowledged and sworn before me this day of , 2006 by STATE OF CITY/COUNTY OF Notary Public My commission expires: to -wit: The foregoing instrument was acknowledged and sworn before me this of , 2006 by Notary Public My commission expires: XA01D\REAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMSUCCafeterlaLeaseCLEAN.DOC day 20 u c E c r u v ° y V t N ..' O G fn C .�+ O. ORN V A L ? eo'C E �a� c d Ey y m Q Uo _ L' a c m c u U d y d a d O c E 3 .. c Q' E u° h o ..1 ° ,o h. a: m ^ 0. A U U u •d 'c o .c o 'y U 3 'E o •� c '� ,u�, 55 � �•" u o � u U .2 .u. o. m � Gi. � o u � y o ^° a w •2 ?. � � c .K S ii c 0 5 E °p a—� a G1 0� 0 v �.0 E u a'o c.�q u x w v u c u u 44 't .° o °o C o s E. 3 � .� � y m¢;� �' '' ':.' x u C4 � 9 Q A� h to) m o °� a W as auiu v� o u u U a o f i3 'u o g W,� v "c 'ea •� a fA a t° .emu. c C7 a o cis H o m o c� o U F a m c c W N c u o o c o N u m,c. u u. ,o-0 - r- o x c E •E U a y 9 9 a° c S u w °o w, o y 'E o o c° c •° o m `�' •F € U V U U u c o y c U on o U ° c g U E q$ a d x o d o o o v E. o w eo c o y w° o N c= a> > A ao Q Q z u A e .� °E' e o° .c c q c° q Q 'N U U x E E a r= c .0 o u[ v e u .E a3 u o °n c °c 'igL uo 0ro. a.Uo >8°-7no uUo¢7OFc aa wUa.nUo rrnmEUo oox¢ao�hU n Oao f c W ] ------------------------------ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Lease Six Spaces at the Virginia Beach Farmers Market MEETING DATE: June 27, 2006 ■ Background: The Farmers Market has been serving Virginia Beach and its citizens for almost three decades. A variety of businesses lease space at the Market. The Agriculture Department proposes to renew the leases of the following corporations and/or sole proprietorships: 1. Chapman's Flowers, Inc. 2. Elsie V. Creekmore, t/a Creekmore's Place 3. Laurie Moser, t/a Reflections of the Heart 4. Laurie Moser, t/a Secret Garden 5. Country Butcher, Inc. 6. Michele P. Shean, t/a Virginia Garden ■ Considerations: The Code of Virginia requires all leases of City property to be approved by City Council. The six proposed leases are for renewal of retail space rental. ■ Public Information: A public hearing is required and has been advertised. Copies of the leases are on file at the City Clerk's office. ■ Recommendation: Adoption ■ Attachments: Ordinance Summaries of Terms Recommended Action: Adopt ordinance Submitting Department/Agency: Agriculture City Manage . S `L ,1�q 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO LEASE SIX SPACES AT THE 3 VIRGINIA BEACH FARMERS MARKET 4 WHEREAS, the City of Virginia Beach has leased spaces at 5 the Farmers Market since its inception; 6 WHEREAS, the Agriculture Department wishes to lease space 7 at the Farmers Market to the following six corporations and/or 8 sole proprietorships: 9 1. Chapman's Flower's, Inc. 10 2. Elsie V. Creekmore, t/a Creekmore's Place 11 3. Laurie Moser, t/a Reflections of the Heart 12 4. Laurie Moser, t/a Secret Garden 13 5. Country Butcher, Inc. 14 6. Michele P. Shean, t/a Virginia Garden; 15 WHEREAS, a public hearing concerning the proposed leases 16 has been advertised and conducted. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the City Manager or his designee is hereby authorized 20 on behalf of the City of Virginia Beach to enter into lease 21 agreements from July 1, 2006 through June 30, 2009 with the 22 above -listed corporations and/or sole proprietorships. 23. Summaries of the material terms of each lease are hereby 24 attached. 25 Adopted by the City Council of Virginia Beach, Virginia on 26 this day of , 2006. APPROVED AS TO CONTENTS: Agricul ure Departm nt APPROVED AS TO LEGAL SUFFICIENCY: I� , City Attorne s Office CA10055 PA/GG/orders/Farmers Market Lease ord.doc June 14, 2006 R-2 2 SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chapman's Flowers, Inc. TERM: July 1, 2006 through June 30, 2009 RENT: $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie Creekmore, t/a Creekmore's Place TERM: July 1, 2006 through June 30, 2009 RENT: $ 468.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Laurie Moser, t/a Reflections of the Heart TERM: July 1, 2006 through June 30, 2009 RENT: . $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Laurie Moser, t/a Secret Garden TERM: July 1, 2006 through June 30, 2009 RENT: $ 468.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Country Butcher, Inc. TERM: July 1, 2006 through June 30, 2009 RENT: $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Michele P. Shean, t/a Virginia Garden TERM: July 1, 2006 through June 30, 2009 RENT: $ 672.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment requests into City property known as Lake Wesley and City rights of way known as Croatan Road and Virginia Dare Drive located adjacent to 573 Virginia Dare Drive by the adjacent property owner Timothy D. Moody. MEETING DATE: June 27, 2006 ■ Background: Mr. Timothy D. Moody has requested permission to construct and maintain landscaping and open wrought iron fencing, with brick columns to be set along the fence line at 25' intervals, in the City rights -of -way known as Croatan Road and Virginia Dare Drive. His intention is to continue the same aesthetic landscaping that currently exists in the right of way at 512 Croatan Road and along Croatan Road at the entrance to Kerry Lane along Croatan Road. Mr. Moody, furthermore, has requested permission to maintain existing rip -rap and to construct and maintain mooring piles, fixed pier, ramp, floats, boat lift and gazebo into City property known as Lake Wesley. He advised that the encroachments are necessary due to the fact that the existing pier location and size are totally inadequate for his existing 48-foot motor yacht or the larger boat that he intends to purchase. Mr. Moody has provided pictures at low tide that will show the need to be farther out into the channel. In addition, Mr. Eason and Ms. Dickerson, the adjacent property owners, signed an "Adjacent Property Owner's Acknowledgement Form" stating that they do not object to the proposed project. All of the requested encroachments are adjacent to his property at 573 Virginia Dare Drive. ■ Considerations: City Staff has reviewed the request for the existing and proposed encroachments and offers the following comments: All of the proposed encroachments in the City rights -of -way known as Croatan Road and Virginia Dare Drive should be denied, due to the existence of water and sanitary sewer lines being located in the right of way, and being in conflict with the proposed location of the wrought iron fence and brick columns shown on the exhibit. These utility lines need to remain unenclosed to allow for maintenance, operations and repairs. The fence and columns need to be located at least 10-feet horizontally from the lines. Staff feels there is likely to be pedestrian conflict with some of the proposed encroachments. The fencing and landscaping could reduce the public's ability to utilize the City property by reducing the clear zone for bicyclists using the path. Staff research of other properties along Croatan Road shows that there are existing encroachments that are presently in conflict with the view of the water and utilities. It is believed that some of the encroachments were put in place by the current or previous property owner(s) at 512 Croatan Road - no agreement or permit was found for these encroachments. As for the encroachments at the entrance of Kerry Lane on Croatan Road, the landscaping was approved in October of 2001 by the City Arborist. The fence at that location appears that it may have been a part of the development plans for the entrance into the neighborhood. No agreement or permit was found. The option for the City to sell a portion of the right of way along Croatan Road to Mr. Moody was explored and this option was found to be inadvisable for the same reasons stated above. The proposed mooring piles, fixed pier, ramp, floats, boat lift and gazebo into City property known as Lake Wesley does not meet the Public Works Specification and Standards, Section 12.11 Waterfront Construction of Piers and Docks — which specify that a twenty-five foot (25) set back from the channel is required. Mr. Moody's request maintains only a twenty foot (20') set back. Staff did take into consideration that the proposed float that exceeds the specifications referenced above is a floating pier encroachment and not fixed encroachment. Research of similar encroachments recently approved in Lake Wesley by City Council indicate that those applicants were required to maintain the twenty-five foot (25) set back, with the exception of the property owner across the lake adjacent (Mr. Eason) to Mr. Moody. City Staff has no objection to the request to maintain existing rip -rap into the - City property known as Lake Wesley and adjacent to Mr. Moody's property on Croatan Road. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired. ■ Recommendations: 1. Staff recommends denial of proposed landscaping, fencing and brick columns in the City rights -of -way known as Croatan Road and Virginia Dare Drive. 2: Staff recommends denial of proposed mooring piles, fixed pier, ramp, floats, boat lift and gazebo into City property known as Lake Wesley. 1 Staff recommends approval of existing rip -rap into the City property known as Lake Wesley. ■ Attachments: Ordinance, Location Map, Agreements, Plat, Photos Recommendedf motion: pprove the existing rip -rap and deny all other proposed encroachments, as presented. CA Submitting Department/Agency: Public Works Y`1_1��' City Manager. X:\Projects\Encroachments\Applicants\Moody - Virginia Dare Dr. - 1490 RAB\Agenda Revision by Pat.doc I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF EXISTING CITY 6 RIGHTS -OF -WAY KNOWN AS 7 CROATAN ROAD AND VIRGINIA 8 DARE DRIVE AND CITY PROPERTY 9 KNOWN AS LAKE WESLEY, BY 10 TIMOTHY D. MOODY, HIS HEIRS, 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, Timothy D. Moody desires to construct and maintain landscaping, 15 open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height 16 within the City rights -of -way known as Croatan Road and Virginia Dare Drive, to 17 maintain existing rip -rap and to construct and maintain mooring piles, fixed pier, ramp, 18 floats, boat lift and gazebo into City property known as Lake Wesley, located adjacent to 19 573 Virginia Dare Drive, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Timothy D. Moody, his heirs, 27 assigns and successors in title are authorized to construct and maintain landscaping, 28 open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height 29 within the City rights -of -way, to maintain existing rip -rap and to construct and maintain 30 mooring piles, fixed pier, ramp, floats, boat lift and gazebo into City property as shown 31 on the map marked Exhibit "A" attached hereto and entitled "PROPOSED 32 ENCROACHMENT FOR MOORING PILES, FIXED PIER, RAMP, FLOATS, BOAT LIFT 33 AND GAZEBO FOR TIMOTHY D. MOODY", and the map marked Exhibit "B" attached 34 hereto and entitled: "project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 35 2426-29-7201 AND GPIN 2426-29-5231 CROATAN BEACH (M.B. 37, PG. 11) 36 VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public 37 Works andto which reference is made for a more particular description; and 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Timothy D. Moody (the "Agreement"), which is attached 41 hereto and incorporated by reference; and 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Timothy D. Moody and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of WE 50 51 52 53 54 55 56 57 58 2006. PPROVED AS TO CONTENTS C4, NATURE PW ► al �SIGA� DEPARTMENT APPROVED AS TO LEGAL SUF ICI NCY AND FORM TY ATTOR Y� 59 CA9529 60 PREPARED:2/23/06 61 X:\Projects\Encroach ments\Applicants\Moody - Virginia Dare Dr. - 1490 RAB\Ordinance Encroachment All.doc X:IOIDIREAL ESTATEIEncroachmentsIPW OrdinancesICA9529 Moody.doc View NW directly across water _- AW ... View NE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this day of RVi - ,. , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "16" and "PARCEL A", as shown on "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA" (Map Book 37, page 11), and being further designated and described as 573 Virginia Dare Drive Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain mooring piles, fixed pier, ramp, floats, boat lift and gazebo, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN No GPIN Assigned to Lake Wesley 2426-29-7201 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachrent Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT FOR MOORING PILES, FIXED PIER, RAMP, FLOATS, BOAT LIFT AND GAZEBO FOR TIMOTHY D. MOODY LOT 16, RESUB. OF PART OF CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH, VA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is farther expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep.. in force all-risk property insurance and general liabilityor such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or tennination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Timothy D. Moody, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager City Clerk t _ Timothy D. Moody STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20V by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of b 2009, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Conunission Expires: Notary Public J STATE OF CITY/COUNTY OF`%Lt y?,,�,�i� , to -wit: The foregoinZD g instrument was acknowledged before me this L/'�4—day of 1�=,2 - , 2005, by Timothy D. Moody. — My Commission Expires: Notary Public j APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM c. PM-l1'�lNAT/U�RE TEshic DEPARTMENT X:\Projects\Encroachments\Applicants\Moody 2 - Virginia Dare Dr. 1.750 RAB\Agreement Encroachment AII.Frm.doc E ,hibii "All OLD PIRA-- (, LAKE W E S L E Y -110 I�, 6.3' N _ _ IMIT OF CITY TY \. �pARC,EL.-A 1 GA PROPOSE0 ODF \�F.�'`LG ``p• CH NNEL AS PSIEYS C. EASON Ve D MAPPING AND URVEYS - �Ox'1 O C a OPT f \ A 14 ; \ '� /,pF � cur' •.�' � ..` ... `� �� C REF PT. ONE O CP —A O- RICHARD;'-. B No. 18335 O ,5� SIGNAL-0, PLAN VIEW SCALE 1 " = 30' GPIN: 2426-29— 7201-0000 f, Y • n n E-CENTER �\ OF GAZEBO REMOVE ALL EXISTING PIERS (HATCHED) MAW \� \ 0 �H 1N \� ` REF. PT, LOT 16 ; ` Two n; 00 COnfC.. PAiIQ p CONC. J \-7 .S - 61,ul /I I j.. Ln \, O CONC. DRIVEVKA ICim VIRGINIA DARE DRIVE (FORMERLY SECOTAN ROAD) (50' R/W) WATERFRONT PROPOSED ENCROACHMENT FOR MOORING PILES, FIXED PIER, RAMP, FLOATS, BOAT CONSULTING, I N C LiF"T AND GAZEBO FOR 7112 JENSEN DRIVE, STE. 206 TIMOTHY D. MOODY VIRGINIA BEACH, VA 23451 LOT 16, RESUB. OF PART OF CROATAN BEACH PHONE: (757) 425-8244 BEACH DISTRCT VIRGINIA BEACH, VA FAX: (757) 216-6687 (M.B. 37 PG. 11) DATE: JUNE 20, 2005 1 OF 1 PREPARED BY VIRGINIA BEACH CITY ATFORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 15th day of December, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT NESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "16" and "PARCEL A", as shown on "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA" (Map Book 37, page 11), and being further designated and described as 573 Virginia Dare Drive Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing rip -rap and to construct and maintain landscaping, open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing, reconstructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley and existing City rights of way known as Croatan Road and Virginia Dare Drive "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN No GPIN Assigned to Lake Wesley, No GPIN Assigned to Right of Way 2426-29-7201 and 2426-29-5231 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 2426-29-7201 & GPIN 2426-29-5231 CROATAN BEACH (M.B. 37, PG. 11) VIRGINIA BEACH, VIRGINIA," copies of which are attached hereto as Exhibits "A" and "B" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall irdomnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and au-thority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsigitiy or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obt,-i4P and keep in force all-risk property insurance and general liability .or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of -3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Timothy D. Moody, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Cleric. (SEAL) ATTEST: CITY OF VIRGINIA BEACH IC City Manager/Authorized Designee of the City Manager City clerk Af a � , Timot y D. Moody STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Corrunission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of is 200S', by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. ?'Afy Commission Expires: Notary Public a STATE OF CITY/COUNT Y OF " �. n� _ s,) =. ;c r` , to —wit: The foregoing instrument was acknowledged before me this /� ` day of L" 2005, by Timothy D. Moody. My Commission Expires: ri APPROVED AS TO CONTENTS Qa7rja S ATURE ft. DEPARTMENT �^��!:✓�.� '� . �_•Y e -ter' -•'� ''-� Notary Public APPROVED AS TO LEGAL SUFFI IENCY AND FORM X:\Projects\Encroachments\Applicants\Moody - Virginia Dare Dr. - 1490 RAB\Agreement Encroachment AII.Frm.doc s� EXISTI EXISTING Exhibit "A" IC ENCE . \ � BULKHEAD DITCH AS SCALED URN � � EX. R`p N 36'f E FROM RECORDED PLAT _- EX. P 2 - — EGF- PA-AC�L _A- RIP -RAP SHOWN HEREIN TO MIMIC X. SOM 2426-29-52 JPA DATED 9-9-03 AND 2-18-03 r eyur% 11 CONC. �p,I,TH pF G N - R. RTC', NO. 002266 1010310S 'q S R"vv ' PREPARED BY LEWIS H. BRIDGES, JR � � -b \ NO. 3394. (NOT PART OF THIS ENCROACHMENT) o FILL SHOWN HEREIN TO MIMIC JPA DATED 9-9-03 AND 2-18-03 PREPARED BY LEWIS H. BRIDGES, ,( s�\ JR NO. 3394. (NOT PART OF THIS f5 y I ENCROACHMENT) CJ T'l \ EXISTING `s EDGE OF WATER Z, \ (PER Fb_LD) ,A 1 � ° N E 0J6 — MEAN LOW WATER PER RECOROEE PLAT EXISTING 7 PIER To Be Demolished RETAINING WALL 0.05' INSIDE OF P- 0 � LOT-17 �o 12. 14' W 0 q, a"tiv DATR — E S H X. 'II'' `8 ss /N/A ,DA RE DR/ VE (F MERL SECOTAN ROAD) (50' R/W) (M. B.37, PG. 1 l) date: 1 / 13/05 revised: 9/30/05 file: 204-0919.dwg tech: EAG prof' no• 204-0919 project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN- 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.6.37, PG.11) VIRGINIA BEACH, VIRGINIA 041 Landscape Architects wpisite.com scale: drawing title: ENCROACHMENT INTO Virgin aU Beach, VA 23452 Trail, Suite 8 1•- 50' I CROATAN ROAD & VIRGINIA DARE DRIVE nrn i r v r AI I I. .. FENCE ELEVATION DETAIL ��-�j,TH OF L 1/2"=1'-O" IAM ' R. PRiT RO NO. 002266 10103105 At) SURVE'(6: LACGER5TROEMIA INDIGA (CREPEMYRTLE) (OR EQUIVALENT) QUANTITY: 17 INSTALLED SIZE: 6-8' (TREES NOT TO BE INSTALLED UNDERNEATH EX. OVERHEAD POWER LINES) s RHAPHIOLEPIS INDIGA (INDIAN HAWTHORNE) (OR EQUIVALENT)-6q LIGUSTRUM JAPONICA (PRIVET) (OR EOUIVALENT)— ';_-;-HERE FEN61FOLIA (HEBE) (OR EQUIVALENT)-107 INSTALLED 51ZE FOR ALL: 5 GALLON CONT. RIVER ROCK (OR EQUIVALENT) OiUANTITY: 2,225 S.F. INSTALLED 51ZE: 2-3" PLANTING BED MATERIAL LEGEND Land Surveyors w I Landscape Architects p 242 Mustong Troil, Suite 8 Virginia Beach, VA 23452 041 site.com date: 1 / 13/05 revised: 9/30/05 file: 204-0919.dwg tech: EAG proj. no. 204-0919 project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN3 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, PG.11) VIRGINIA BEACH, VIRGINIA scale: drawing title: ENCROACHMENT INTO 1"- NTSI CROATAN ROAD & VIRGINIA DARE DRIVE j� A AW' Si Y i t. r� 3 4 ✓- .l K .17 40 Ff �fl rd Y i ' P 8 - 25 - Item V.J.6.a. RESOLUTION/ORDINANCES ITEM #55315 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 27, 2006: Ordinance to AUTHORIZE temporary encroachments: Carl A. Eason and Katherine F. Ripberger into Lake Wesley to construct and maintain a pier extension, gazebo, floating piers, boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 — BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None r 11 } z1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into City property known as Lake Wesley located at the rear of 528 Kerry Lane by the adjacent property owners, Carl A. Eason and Katherine F. Ripberger MEETING DATE: June 27, 2006 ■ Background: This item was deferred from the June 13, 2006 Council agenda. Carl A. Eason and Katherine F. Ripberger have requested permission to construct, and maintain a proposed 8' x 16' pier extension with a 16' x 16' deck with 18' x 18' roof (Gazebo) and maintain two (2) existing floating piers, one (1) fixed pier, one (1) boat lift, seven (7) mooring pilings and rip rap in City property known as Lake Wesley located at the rear of their property at 528 Kerry Lane, Virginia Beach, Virginia. ■ Considerations: Staff has determined that the existing encroachments do not meet the Public Works Specification and Standards, Section 12.11 Waterfront Construction of Piers and Docks — which specify that a twenty-five foot (25') set back from the channel is required. The encroachments that exceed the specifications referenced above are existing floating encroachments and not fixed encroachments. One of the conditions in the agreement address the removal of the encroachments upon notice by the City to the owner and that the owner will bear all cost and expense. Upon investigation, there are similar encroachments in said lake. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments or add conditions as desired by Council. ■ Recommendations: Staff recommends approval of the existing encroachments and denial of the proposed 8' x 16' pier and deck with gazebo. ■ Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Denial Submitting Department/Agency: Public Works/Real Estate`&C-4/0 ' City Manager: , I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY PROPERTY KNOWN AS LAKE 6 WESLEY LOCATED AT THE REAR OF 7 528 KERRY LANE BY CARL A. 8 EASON AND KATHERINE F. 9 RIPBERGER, THEIR HEIRS, 10 ASSIGNS AND SUCCESSORS IN 11 TITLE 12 13 WHEREAS, Carl A. Eason and Katherine F. Ripberger desire to 14 construct and maintain a proposed 81x 16' pier extension with a 15 16'x 16' deck with 18'x 18'roof (Gazebo) and maintain two (2) 16 existing floating piers, one (1) fixed pier, one (1) boat lift, 17 seven (7) mooring pilings and rip rap in City property known as 18 Lake Wesley at the rear of their property located at 528 Kerry 19 Lane, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's property 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Carl A. Eason and Katherine F. Ripberger, their 29 heirs, assigns and successors in title are authorized to 30 construct and maintain temporary encroachments for a proposed 31 8'xl6' pier extension with a 16'xl6' deck with 18'xl8'roof 32 (Gazebo) and maintain two (2) existing floating piers, one (1) 33 fixed pier, one (1) boat lift, seven (7) mooring pilings and rip 34 rap in a portion of City property known as Lake Wesley as shown 35 on the map entitled: "PROPOSED ENCROACHMENT SHORELINE 36 IMPROVEMENTS FOR CARL A. EASON AND KATHERINE F. RIPBERGER, LOT 37 15, SCHOONER QUAY AT CROATAN BEACH DISTRICT, VIRGINIA BEACH, VA 38 (M.B. 160 PG. 18) DATE: MARCH 22, 2005," a copy of which is on 39 file in the Department of Public Works and to which reference is 40 made for a more particular description; and 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subject to those terms, conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Carl A. Eason and Katherine F. Ripberger (the "Agreement"), 45 which is attached hereto and incorporated by reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as Carl A. Eason and Katherine F. 51 Ripberger and the City Manager or his authorized designee 52 execute the Agreement. 2 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the day of 1 2006. CA- 9858 PREPARED: 2/23/06 APPROVED AS TO CONTENTS Es C . aoj 'tidl Fw R -F. - DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1�1U� g• UlMjt�w CITY ATTORNEY X:IOIDIREAL ESTATEIEncroachmentsiPW OrdinanceslCA9858 Eason*Ripberger.doc 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 13t' day of January, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CARL A. EASON and KATHERINE F. RIPBERGER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 15, Schooner Quay at Croatan" and being further designated and described as 528 Kerry Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 8'xl6' pier extension with a 16'x16' deck with 18'xl8'roof (Gazebo) and maintain two (2) existing floating piers, one (1) fixed pier, one (1) boat lift, seven (7) mooring pilings and rip rap, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City property known as Lake Wesley, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in GPIN 2426-29-3244-0000 hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the -City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT SHORELINE IMPROVEMENTS FOR CARL A. EASON AND KATHERINE F. RIPBERGER LOT 15, SCHOONER QUAY AT CROATAN BEACH DISTRICT, VIRGINIA BEACH, VA (M.B. 160 PG.18) DATE: MARCH 22, 2005"," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 9 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CARL A. EASON and KATHERINE F. RIPBERGER, the said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager rd Carl A. Eason J Kdtherine F. Ripberger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: STATE OF yj ; % ,'-,, Notary Public 5 CITY/c^�T-* OFF c_t , to -wit: The foregoing instrument was acknowledged before me this L�`day of �, 2001,9, by Carl A. Eason. Notary Public My Commission Expires: -� • 31 . STATE OF VIRGINIA CITY/ OF�—�- G% , to -wit: The foregoing instrument was acknowledged before me this day of �G►' k , 200-1c, by Katherine F. Ripberger. Notary Public My Commission Expires: --) . 3' _ CA APPROVED AS TO CONTENTS ti __f SIGNATURE 1W) e DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doe 2 EXHIBIT "A" +EBBS FLOOD-- 04 zhwe) ---- PROPOSED CITY CHANNEL S 16' x 16' DECK WITH RECORDED PER CITY 18' x 18' ROOF MAPPING AND SURVEYS � 18.0' ROOF 16.0' DECK ~-� 11'2' ice: i i �x i MP EMP EMPi� �i 13.2, 8' X 16' PIER EXT: ' E . ;FLOA 8 _IR EMP EMP EMP EMP �+ EMP: EXIST. MOORING PILE Boar �iFr CORNER PILE • OF PATEL PIER ® - MARSH Npp0 i M `SZ�Np s�v�0.41 RICHARD T. BAR No.18335 y 0. '1�SI�NAt�� PLAN VIEW SCALE 1" = 40' REV: 06 iWY dW4 +JA to to / �... N=346071,16A v E=1221'251' 71, tl*' I to MLW AS PFR Mg A , 3j P as 11 - NAIL(F) Ex, RESIDENCE 2—S—FRM (FOOTPRINT NOT SHOWN TO SCALE) y 528 lAYANABEN R. PATEL 2426-29-3345 WA TERFRON T CONSULTING, INC 7172 JENSEN DRIVE, S TE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 313-9788 GPIN 2426-29-3244 LOT 15 N=3469319.75 E=12222277.07 DH(F) NAIL(F) DH(F) N 9 55'05" E 100.00' KERRY LANE (30') e--% 00 0 N=3469221.24 E=12222259.85 PROPOSED ENCROACHMENT SHORELINE IMPROV EMENTS TS FOR CARL A. EASON and KATHERINE F. RIPBERGER LOT 15, SCHOONER QUAY AT CROATAN BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 160 PG. 18) DATE: MARCH 22_ 2005 4:1 SHINGLES OVER HEAVY FELT PAPER OVER 1/2" MARINE PLYWOOD OVER SHINGLES TO MATCH 2x8 RAFTERS AT 16" 0/C EXISTING HOUSE Q°p 12 L(2) 2,8 BAND THRU NOTE: HURRICANE CLIP 1� BOLTED TO PILES W/ RAFTERS TO BAND 5/8"0 HARDWARE °p HALF WALLS — MATERIAL A OWNERS DISCRETION i I I}i l i i ii iii i t1' i l' 1 n I dl I II 111 I I� I 11 1111 I �1 I I I 11 1 I 1 �" I11 I I ; � I I �1 1 1 11 III I 1'1 1 1 � 1 I I 1 II I I 111 1 1 1' I I 1 1 11 1 � 111 I I I I I I I I I 11 1 I I I I I I I I I III II I I III I 11, I I I 1 I 111 I I I II 11 I III � I11 jl' III I 11 ' 1 11 1 I III I I II I II ' I I I I 1 I 111 I I I II III II III III 1, I I , I I11 I II II I I 1 1 ' I 1 1 III 1 1' I II II � I I 1 1 111 I II 11 t ' n II I 1�1 1 11 '1;1 a Idi Alii iiii ii iii i iiii ii 1 COMPOSITE DECKING EL: 6.0' I I DBL. 2x8 PILE CAPS EA. BENT • 2x8 JOISTS AT 12" 0/C • • THRU—BOLT WITH 3/40 MHW 3.0 HARDWARE , 1 I ' � 1 1 ' 1 ' ' 1 1 ' 1 ' ' MLW 0:0— 1 TH p FL� u" 2" x B" 'X' BRACING O l ExWITH 3/4 "0 BOLTS W BOTTOM 1 0 10" BUTT x 30' PILES O. 833 PILES DRIVEN TO 14' PENETRATIONLi Z? e' s 0�' MATERIAL SPECS: NALE�( PILING: CCA 25 PCF FRAMING: CCA 0.8 PCF ALL TIMBER ABOVE DECK LEVEL CCA 0.4 PCF ALL HARDWARE H.D. GALVANIZED © 2004 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. WATERFRONT PROPOSED ENCROACHMENT CONSULTING, INC SHORELINE IMPROVEMENTS 1172 JENSEN DRIVE, STE. 206 FOR VIRGINIA BEACH, VA 23451 CARL A. EASON and KATHERINE F. RIPBERGER PHONE: (757) 425-8244 LOT 15, SCHOONER QUAY AT CROATAN FAX: (757) 313-9788 BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 160 PG. 18) DATE: JULY 12, 2004 2 OF 2 � U �" `^ ., Y Y7<. �' ff - ;{ l � �✓� , �� . ,a ��T„V Y .{h�� -- = ' 4 T" r � - - �; � �Ts ;, [ Y 1. �� S f � Y i � T }t<<lth �� ., r` 1 1 i r+-,�. L �'. M� . . $_ � �% � w; `�i� S ��` �. f��=4 —mot_ �I � 1 r� 1= -� t- � � _� �' � {��i L _3 - It � F .. :. _ =_ � �E OCATION M i �r ) I /,- \ 0 \\,�, 0 V\le, LOCATION MAP SHOWING ENCROACHMENT REQUEST FOR CARL A. EASON & KATHERINE F. RIPBERGER GPIN 2426-29-3244 SCALE: 1" = 200' �%icru DT r/w MU. UKAH. UZ—FE6-2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $175,000 in Earned Revenue to the Virginia Aquarium Special Revenue Fund MEETING DATE: June 27, 2006 ■ Background: The Virginia Aquarium & Marine Science Center earns most of the revenue necessary to fund its operating expenditures. During FY 2005-06, the Aquarium launched a successful marketing campaign, opened two popular full -feature length IMAXO films, and began a membership drive. The result has been a 10% increase in year-to-date attendance, and a 9% increase in year-to-date earned revenues. Accordingly, revenues earned through Aquarium and IMAXO admissions, Aquarium stores, and memberships are projected to exceed the budgeted appropriation by at least $175,000 for FY 2005-06. ■ Considerations: The cost of these strategic initiatives has resulted in increased marketing and film contract expenditures. The Virginia Aquarium & Marine Science Center requests City Council appropriate an additional $175,000 in earned revenue. ■ Public Information: The public will be informed through the normal City Council agenda process. ■ Recommendations: Appropriate $175,000 in additional revenues to the Virginia Aquarium Special Revenue Fund. ■ Attachments: Ordinance Recommended Action: Approva Submitting Department/Agency City Manager: Department of Museums and Cultural Arts 1 AN ORDINANCE TO APPROPRIATE $175,000 IN 2 EARNED REVENUE TO THE VIRGINIA AQUARIUM 3 SPECIAL REVENUE FUND 4 WHEREAS, revenues earned through Aquarium admissions, IMAX 5 theater admissions, Aquarium stores and memberships are 6 projected to exceed the budgeted appropriation by $175,000. 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, VIRGINIA: 9 That $175,000 in earned revenue is hereby -appropriated to 10 the Virginia Aquarium Special Revenue Fund, with revenue from 11 Charges for Services increased accordingly. 12 Adopted by the Council of the City of Virginia Beach, 13 14 Virginia, on the day of 2006. APPROVED AS TO CONTENT: Management Services CA10062 PA/GG/Aquarium ORD.doc June 14, 2006 R-2 APPROVED AS TO LEGAL SUFFICIENCY: , " L."i J,& - - City Attorney's gffice r 71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $6,812 in Ordinance -Violations Revenue to the Department of Agriculture FY 2005-06 Operating Budget for Wetlands and Coastal Dunes Restoration and Enhancements Projects MEETING DATE: June 27, 2006 ■ Background: The City's Chesapeake Bay Preservation Board collects civil charges for violations of the City's Chesapeake Bay Preservation Area Ordinance. Historically, these funds have been appropriated for various environmental restoration and habitat enhancement projects in the City. These projects are coordinated and implemented by the Habitat Enhancement Committee that City Council officially established in August 1994. ■ Considerations: Between July 1, 2005 and May 31, 2006, the Chesapeake Bay Preservation Board collected civil charges in the amount of $17,500 from various individuals for violating the provisions of the Chesapeake Bay Preservation Area Ordinance. In the FY 2005-06 budget, City Council appropriated $10,688 of estimated revenue from ordinance -violation charges, but the additional $6,812 needs to be appropriated. The Department of Agriculture requests that City Council appropriate this amount to the Operating Budget of the Department of Agriculture to be used by the Habitat Enhancement Committee for various projects. These funds will be used to enhance the City's natural environment through coastal sand dune stabilization and tidal wetlands restoration. Some recent projects include the Lynnhaven Boat Ramp and Great Neck Park wetlands plantings, Little Island Park dune stabilization, and the purchase of storm drain markers and wetland creation at Redwing Golf Course. Potential new projects include wetlands and shoreline enhancement at the Adam Thoroughgood House. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Recommendations: Approval of attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Agriculture City Manager: S �_, �cv,-i_ 1 AN ORDINANCE TO APPROPRIATE $6,812 IN 2 ORDINANCE -VIOLATIONS REVENUE TO THE DEPARTMENT 3 OF AGRICULTURE FY 2005-06 OPERATING BUDGET FOR 4 WETLANDS AND COASTAL SAND DUNE RESTORATION AND 5 ENHANCEMENT PROJECTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 1. That $6,812 from Chesapeake Bay Preservation Ordinance 9 violation charges are hereby appropriated to the FY 2005-06 10 Operating Budget of the Department of Agriculture for wetlands and 11 coastal sand dune restoration and enhancement projects. 12 2. That estimated revenue in the FY 2005-06 Operating Budget 13 is hereby increased by $6,812 from Chesapeake Bay Preservation 14 Ordinance violation charges. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Q City Attorney's O ice CA10058 X:\PA\GG\OrdRes\Ches Bay Preservation Fines ORD R-2 June 14, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $140,000 from the General Fund Regular Reserve for Contingencies to the FY 2005-06 Operating Budget of the Convention and Visitors Bureau and $269,000 Within the FY 2005-06 Operating Budget of the Convention and Visitors Bureau to Cover Increased Utility Costs at the Virginia Beach Convention Center MEETING DATE: June 27, 2006 ■ Background: Utility costs for the new Virginia Beach Convention Center in FY 2005-06 have been considerably higher than originally anticipated. When planning began over four years ago, consulting engineers informed staff that the utility cost for the Convention Center should be no greater than the cost associated with the Pavilion, even though the new facility was to be more than 2Y2 times the size of the Pavilion. It was anticipated that the more efficient design of the new facility, using automated systems and better materials, would minimize the increase in utility costs. An example of planned efficiencies is the use of gas boilers in the Convention Center rather than the costly electric boilers used at the Pavilion. Using these factors, staff planned for a 50% increase in utility cost when preparing the FY05/06 Budget. ■ Considerations: The Convention Center needs additional funding of $409,000 to ensure that all utility costs are covered through the end of the fiscal year. Factors that have contributed to these increased costs include: • The significant increase in energy costs over the last two years. • The incorporation of additional design elements into the facility — such as site irrigation, water features, and the video wall — that were not considered in early utility calculations. • The limited control Convention Center staff had over building systems in the first five months of Center operations. • The higher than anticipated use of the new Center. The Convention Center has already instituted conservation measures to reduce the impact of the rising utility costs by absorbing some of the additional expenses in other operating accounts. Additional funding is needed and is being requested as a $140,000 transfer from the General Fund Regular Reserve for Contingencies and a $269,000 transfer within the FY 2005-06 operating budget of the Convention and Visitors Bureau. It is important to note that the increased use of the Center that has resulted in the higher than expected utility costs has also generated higher than expected revenues. Budgeted revenue associated with the Convention Center in FY 2005-06 is $917,878; ■ Public Information: Public information will be handled through the normal City Council agenda process. ■ Recommendations: Approval of ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manage • 'V- 1 AN ORDINANCE TO TRANSFER $140,000 FROM THE 2 GENERAL FUND REGULAR RESERVE FOR CONTINGENCIES 3 TO THE FY 2005-06 OPERATING BUDGET OF THE 4 CONVENTION AND VISITORS BUREAU AND $269,000 5 WITHIN THE FY 2005-06 OPERATING BUDGET OF THE 6 CONVENTION AND VISITORS BUREAU TO COVER 7 INCREASED UTILITY COSTS AT THE VIRGINIA BEACH 8 CONVENTION CENTER 9 WHEREAS, utility costs at the new Virginia Beach Convention 10 Center have exceeded original estimates. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $140,000 is hereby transferred from the General Fund 14 Regular Reserve for Contingencies to the FY 2005-06 Operating 15 Budget of the Convention and Visitors Bureau and that $269,000 is 16 hereby transferred within the FY 2005-06 Operating Budget of the 17 Convention and Visitors Bureau to cover increased utility costs at 18 the Virginia Beach Convention Center. 19 Requires an affirmative vote by a majority of the members of 20 the City Council. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of 2006. APPROVED AS TO CONTENT Management Services J CA10064 PA/GG/orders/CVB Utilities ORD.doc June 14, 2006 R-1 APPROVED AS TO LEGAL SUFFICIENCY , ),&� � 4 City Attorney's Cjfice G hL4BQg11 �u_ a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning July 1, 2006, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 27, 2006 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the term of such viewers. ■ Considerations: Because the terms of the current viewers expire on June 30, 2006, it is necessary to appoint viewers for one-year terms beginning July 1, 2006. ■ Public Information: This ordinance is to be advertised as a routine agenda item. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manage . l� c` 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS 2 FOR ONE-YEAR TERMS BEGINNING JULY 1, 2006, 3 TO VIEW EACH STREET OR ALLEY PROPOSED TO BE 4 CLOSED 5 6 7 WHEREAS, Section 33-11.2 of the City Code provides that 8 "[t]hree (3) viewers shall be appointed each year to serve terms 9 of one year beginning July 1 to view each and every street or 10 alley proposed to be altered or vacated during the term;" and 11 WHEREAS, it is the desire of City Council to appoint the 12 Directors of the Departments of Planning, Public Works and Parks 13 and Recreation to serve as viewers for one-year terms, beginning 14 July 1, 2006 and ending June 30, 2007. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the Director of Planning, Director of Public Works and 18 Director of Parks and Recreation of the City of Virginia Beach 19 are each hereby appointed as a viewer to serve a one-year term 20 beginning July 1, 2006 and ending June 30, 2007, to view eaCYL 21 and every application to close a street or alley, and to report 22 in writing their opinion of what inconvenience, if any, would 23 result from discontinuing the street or alley or portion 24 thereof. ldoptr:d r;y the Council of the City of J _rgin:i.a = eacr_. APPROVED AS TO CONTENT: 0 Departme t of Planning CA10072 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office X:\PA\GG\OrdRes\Viewers ORD.doc R-2 June 20, 2006 2 K. RESOLUTIONS 1., Resolution DIRECTING the Planning Commission to propose amendments to the Comprehensive Plan removing recommendations re the establishment of a Redevelopment and Housing Authority within 60 days after the date of adopting this Resolution (requested by Council Lady McClanan). 2. Resolution AUTHORIZING and DIRECTING the City Manager to implement the Historic Kempsville Area Master Plan Resolution to APPOINT Kamala H. Lannetti as Deputy City Attorney effective July 1, 2006 and Marjorie A. Smith as Associate City Attorney effective June 16, 2006. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Directing the Planning Commission to Propose Amendments to the Comprehensive Plan Removing Recommendations for the Establishment of a Redevelopment and Housing Authority and Other Amendments Relating to the Establishment of a Redevelopment and Housing Authority MEETING DATE: June 27, 2006 ■ Background: The current Comprehensive Plan adopted in late 2003 contains recommendations that a redevelopment and housing authority be established in Virginia Beach as part of an overall redevelopment strategy. At the May 2, 2006 election, however, the question whether there is a need for a redevelopment and housing authority in Virginia Beach was answered in the negative by a majority of voters. The City Council has requested that a resolution be brought forward directing the Planning Commission to propose amendments to the Comprehensive Plan that would remove the recommendations that a redevelopment and housing authority be established and to also consider other amendments consistent with the removal of such references to the creation of a redevelopment and housing authority. Councilwoman Reba S. McClanan has requested that this Resolution be brought forward. ■ Considerations: The Resolution effectuates the direction of the City Council discussed in the preceding section. It directs the Planning Commission to make its recommendations within sixty (60) days of the date of adoption of the Resolution. ■ Public Information: In accordance with applicable law, the Planning Commission's public hearing, as well as the public hearing at which the City Council would act on the Commission's recommendations, will be advertised once per week for two successive weeks in a newspaper having general circulation in the City. While not legally required, the City also places the Planning Commission and City Council agendas on its Web page. This referral resolution, which the City Council will consider on June 27, has no special advertising requirement, but the City Council agenda appears in the Virginia Beach Beacon the Sunday prior to the meeting at which the agenda is considered. Recommended Action: Submitting Department/Agency: Requested by Councilwoman Reba S. McClanan City Manager: 1 REQUESTED BY COUNCILWOMAN REBA S. MCCLANAN 2 3 A RESOLUTION DIRECTING THE PLANNING 4 COMMISSION TO PROPOSE AMENDMENTS TO THE 5 COMPREHENSIVE PLAN REMOVING RECOMMENDATIONS 6 FOR THE ESTABLISHMENT OF A REDEVELOPMENT AND 7 HOUSING AUTHORITY AND OTHER AMENDMENTS 8 RELATING TO THE ESTABLISHMENT OF A 9 REDEVELOPMENT AND HOUSING AUTHORITY 10 WHEREAS, at the election of May 2, 2006, in accordance 11 with Virginia Code Section 36-4.1, the question whether there is 12 a need for a redevelopment and housing authority to be activated 13 in the City of Virginia Beach was on the ballot; and 14 WHEREAS, a majority of the qualified voters in the 15 said election indicated that there is not a need for such an 16 authority; and 17 WHEREAS, it is the sense of the City Council that the 18 provisions of the Comprehensive Plan relating to the creation of 19 a redevelopment and housing authority within the City of 20 Virginia Beach should be removed; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That the Planning Commission is hereby directed to 24 propose amendments to the Comprehensive Plan (the "Plan") 25 removing recommendations that a redevelopment and housing 26 authority be established in the City of Virginia Beach, as well 27 as such further amendments to the Plan that are consistent with 28 the removal of references to a redevelopment and housing 29 authority. 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 That the Planning Commission shall transmit to the 33 City Council its recommendations within sixty (60) days of the 34 date of adoption of this Resolution. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the day of , 2006. CA-10073 OID\ordres\redevauthresl.doc R-2 - June 21, 2006 APPROVED AS TO LEGAL SUFFICIENC A r City Aftorney's Office 2 ♦O i - :.'L�7I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Implement the Historic Kempsville Area Master Plan MEETING DATE: June 27, 2006 ■ Background: On January 24, 2006, the City Council adopted the Historic Kempsville Area Master Plan. The Plan identifies numerous opportunities for public and private involvement to recreate a sense of place in historic Kempsville. The City Council has already acted to incorporate the Plan's recommendations into the Comprehensive Plan and to adopt zoning ordinance changes and a historic overlay district within the Plan area. The Plan further recommends that the City encourage private sector redevelopment within the area so as to create an optimal use of land within the area and, at the same time, preserve the historic heritage of the area. ■ Considerations: The proposed Resolution authorizes and directs the City Manager to: 1. Develop a strategy to implement the recommendations contained in the Historic Kempsville Area Master Plan, including one to encourage the voluntary assemblage of private and public property within the area as a means to facilitate development in the four quadrants of the realigned intersection of Kempsville, Princess Anne and Witchduck Roads; 2. Work in coordination with the Virginia Beach Development Authority in implementing the recommendations of the Master Plan; and 3. Engage the services of experts to assist in the effort of stimulating private sector investment in the redevelopment of properties contained in the area identified in the plan. ■ Recommendations: Adopt Resolution and pursue the recommendations in the Plan. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/A ency: City Manager. 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO IMPLEMENT THE HISTORIC 3 KEMPSVILLE AREA MASTER PLAN 4 WHEREAS, the City of Virginia Beach has identified 5 relieving traffic congestion at the intersection of Kempsville, 6 Princess Anne and Witchduck Roads (the "Intersection") as one of 7 the most pressing transportation needs in the City; and 8 WHEREAS, the City will have direct oversight and management 9 of the Intersection road project (the "Project") through the 10 design, acquisition and construction phases of the Project; and 11 WHEREAS, the City Council has established and funded CIP 12 Project #2-048 for the Project; and 13 WHEREAS, on January 24, 2006, City Council adopted, as part 14 of the Comprehensive Plan, the Historic Kempsville Area Master 15 Plan (the "Master Plan"), which includes, without limitation, 16 recommendations for architectural design guidelines; trees and 17 other plantings, City Zoning Ordinance amendments and other 18 ordinances; and 19 WHEREAS, on January 24, 2006, City Council also adopted 20 ordinances establishing the Historic Kempsville Area Overlay 21 District and a new B-4K Historic Kempsville Area Mixed Use 22 District; and 23 WHEREAS, the Master Plan recommends 1.:inking read;ay 24 •on.str.uction in the area generally surrounding the 25 to other recommendations in the Master Plan as a means of 26 creating a sense of place for the area; and 27 WHEREAS, the Master Plan identifies the boundaries of each 28 of the quadrants of the Intersection, as realigned, and sets 29 forth a conceptual plan for each quadrant; and 30 WHEREAS, City Council finds that it is necessary and 31 advisable that a strategy be developed to implement the 32 remaining recommendations set forth in the Master Plan, 33 including a strategy to encourage the voluntary assemblage of 34 private and public property within the area as a means to 35 facilitate and coordinate the orderly development of the 36 quadrants of the realigned Intersection in a manner compatible 37 with the Master Plan; 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 39 CITY OF VIRGINIA BEACH, VIRGINIA: 40 1. That the City Manager is hereby authorized and 41 directed to develop a strategy to implement the recommendations 42 contained in the Historic Kempsville Area Master Plan, including 43 a strategy to encourage the voluntary assemblage of private and 44 public property within the area, through purchase, exchange or 45 other means, to facilitate development in the quadrants of the 46 realigned Intersection; 47 2. That the City Manager is authorized and direc�ed to 48 work in coordination with the Virginia Beach Levelopme= 2 49 Authority in implementing the recommendations of the Master 50 Plan; and 51 3. That, to the extent of available funding, the City 52 Manager, in coordination with the development Authority, is 53 authorized to engage the services of experts to assist in the 54 effort of stimulating private sector investment in the 55 redevelopment of properties contained in the area identified in 56 the Master Plan. 57 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUF ICIENCY: City Attorney's Office CA-10075 OID\landuse\ordres\Historic Kempsville Master Plan res.doc June 21,. 2006 R-4 3 G N'4�BFACi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Kamala H. Lannetti as Deputy City Attorney and Marjorie A. Smith as Associate City Attorney MEETING DATE: June 27, 2006 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney; appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: The proposed appointment of Kami Lannetti will reflect her assignment to a position of leadership and greater responsibility in the City Attorney's Office. She will be the primary attorney for the School Board and School Administration, both of which she has represented since 1998. During the past eight years, she has developed the expertise necessary to handle special education matters in-house, resulting in significant savings in legal costs. She has handled employee grievances, student disciplinary and records matters, managed oversight of outside legal counsel, and provided daily advice on school issues. She has represented the School Board in court, in administrative hearings, at Board meetings, and in appearances before the General Assembly. The Resolution also appoints Marjorie A. Smith as an Associate City Attorney, effective June 16, 2006, to fill a vacancy in the office. She will serve as the City's Human Resources Attorney. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney — City Manager: 1 A RESOLUTION APPOINTING KAMI LANNETTI AS 2 DEPUTY CITY ATTORNEY AND MARJORIE A. SMITH AS 3 ASSOCIATE CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That, pursuant to § 2-166 of the Code of the City of Virginia 7 Beach, 8 1. Kamala H. Lannetti is hereby appointed. as Deputy City 9 Attorney, effective July 1, 2006; and 10 2. Marjorie A. Smith is hereby appointed as Associate City 11 Attorney, effective June 16, 2006. 12 Adopted by the Council of the City of Virginia Beach, 13 Virginia, -on the day of , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorneys Office CA10068 H:\GG\Ordres\Appoint Lannetti Smith Res.doc R-3 June 21, 2006 L. IN PLANNING — NO ACTION Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling a borrow pit on the east side of Oceana Boulevard, north of Credle Road. (DISTRICT 6 — BEACH) PLANNING I . Application of BOBBY DANIELS, FAITH FOR DELIVERANCE OUTREACH CENTER for a Conditional Use Permit re a church at 649 Newtown Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of LITTLE NECK SWIM AND RACQUET CLUB for a Conditional Use Permit re a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) at 864 Little Neck Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of KAREN A. SPAULDING for a Conditional Use Permit re a home occupation (day care) at 2060 Antelope Place. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of NELIN BROTHERS fora Change of Zoning District Classification from R-10 and R-20 Residential Districts to Conditional 0-1 Office District at 2122 General Booth Boulevard for an office building. DISTRICT 7 — PRINCESS ANNE DEFERRED INDEFINITELY RECOMMENDATION MARCH 22, 2005 APPROVAL 5. Application of BEACH DEVELOPMENT GROUP, L.L.C. for a Change o Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on the north side of Euclid Road, east of Onondaga Road for an office building. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI, A/K/A KAVITHI VURMINDI for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District at the eastern terminus of Chestnut Oak Way to subdivide the property into five (5) single-family dwellings. DISTRICT 7 —PRINCESS ANNE DEFERRED INDEFINITELY DEFERRED RECOMMENDATION APRIL 11, 2006 APRIL 25, 2006 APPROVAL 7. Resolution DIRECTING the Planning Commission to study means of regulating bars and nightclubs, including requiring conditional use permits (CUP) for these establishments and make recommendations to the City Council within sixty (60) days after the date of adopting this Resolution. NOTICE OF PUBLIC _HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 27, 2006, at 6:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Nelin Brothers Application: Change of Zoning District Classification from R-10 and R-20 Residential to Condi- tional 0-1 Office at 2122 General Booth Boulevard (GPIN 2414183444). The Comprehensive Plan designates this site as being part of the Primary Residential Area (South General Booth Bou)evard Corridor), suitable for appropriately located suburban residential and non-resi- dential uses consistent with the policies of the Compre- hensive Plan. The purpose of the requested modifica- tion is to develop the site for an office building. Karen A. Spaulding Application: Conditional Use Permit for a home occupation (day care) at 2060 Antelope Place (GPIN 1484093159). Radhakrishna Renukunta & Kavithi Vurimindi Application: Change of Zoning District Classification from AG-1 Agri- cultural to Conditional R-10 Residential District at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). The Comprehensive Plan desig- nates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop single-family homes on the site. DISTRICT 2 - KEMPSVILLE Bobby Daniels, Faith for Deliverance Outreach Center Application: Conditional Use Permit for a church at 649 Newtown Road (GPIN 14683137840000). Beach Development Group, L.L. C. Application: Change of Zoning District Classification from R-513 Residential Duplex to Conditional B-2 Community Business on the north side of Euclid Road, approximately 600 feet east of Onondaga Road (GPIN 1477229179). The Compre- hensive Plan designates this site as being within Strate- gic Growth Area 4, Pembroke Area, suitable for a. mix of mid to high-rise residential, office, retail, entertainment, educational, institutional and related urban scale uses. The purpose of this rezoning is to develop the site for an office building. DISTRICT 5 - LYNNHAVEN Little Neck Swim and Racquet Club Application: Condi- tional Use Permit for a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) at 864 Little Neck Road (GPIN 1488926559). DISTRICT 6 -BEACH City of Virginia Beach Application: Conditional Use Per- mit for the filling of a borrow pit on the east side of Oceana Boulevard, north of Cradle Road (GPINs 2417203479; -3629; -1699; -3952; 2417226139; 2417129346). All interested parties are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbg-ov.com/dept/planninii/boards/oc/ For information call 385.4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303. Hearing impaired, call: TOO only at 427-4305. (TDD - Telephonic Device for the Deaf). Beacon June 18,2006 15286687 Mop Not to Scale I I .. ... ..... F— nl 1-2 Ek, Ar,� 23 3 ell 77 T ,J �\:�-- .)CI.ANA NAVAL AfR STAHON PR()PrRTY IF cri or VIRGIN R CITY Or III RJS AC-1 A-12 yln Bar, v t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach - Conditional Use Permit (fill of a borrow pit), Oceana Boulevard (DISTRICT 6 - BEACH) MEETING DATE: June 27, 2006 ■ Background: Application of the City of Virginia Beach for a Conditional Use Permit for the filling of a borrow pit on property located on the east side of Oceana Boulevard, approximately 2890 feet north of Credle Road (GPINs 2417203479; -3629; - 1699; -3952; 2417226139; 2417129346). DISTRICT 6 - BEACH ■ Considerations: This request was deferred by the Planning Commission at their June 14, 2006 hearing, as the applicant lacked the appropriate form of signed permission from property owners necessary to proceed with the request. The applicant, however, had requested that this matter be forwarded to the City Council at the earliest available meeting after the Planning Commission hearing. Thus, the matter was advertised for the June 27 City Council meeting consistent with State Code requirement and could not be removed from the City Council agenda. However, since the Planning Commission has not made a recommendation, the City Council cannot act on the application. ■ Recommendations: No action can be taken by the City Council. ■ Attachments: Location Map Recommended Action: No Action. Submitting Department/Agency: Planning Departmen* City Manager. j S •��`�- "'a Mnp N,at to aee: Faith for Deliverance t`.:- �---�-''-••-,,�.r-- \` ,�\�;,�s�` - .ci'• / •\ "`fir\ , •� ' F ...� � % �' -7 •.� X� !"� V r/ �••,• \ ,'i� �n LS LAKE WE N'` •c _Q I ; '''`'� �-.J ,.,, �!•+ �o I �•.,, i1�� :E' f/! �t,•.�� t` .•\.� !�� ' ��*�� `..N i j;� �/.�,.yqv �`Q '� ,��/ �, of °`To`�( CUP - for Church 4 e; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Faith for Deliverance — Conditional Use Permit (church), 649 Newtown Road (DISTRICT 2 — KEMPSVILLE) MEETING DATE: June 27, 2006 ■ Background: An Ordinance upon Application of Bobby Daniels, Faith for Deliverance Outreach Center for a Conditional Use Permit for a church on property located at 649 Newtown Road (GPIN 1468313784). DISTRICT 2 — KEMPSVILLE This item was referred back to the Planning Commission by City Council on May 23, 2006, as the applicant switched units of the shopping center, necessitating the Planning Commissions rehearing of the item. ■ Considerations: The applicant requests a Conditional Use Permit to allow a church within a shopping center unit. The church will offer high school equivalency courses, job training and counseling in addition to normal worship services. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the existing businesses within the shopping center. There is ample parking on site as there are many vacant units within the building, and unfortunately, this includes the anchor unit that was at one time a grocery store. Should the anchor unit be filled, the hours of the church and the Sunday worship service would not conflict with the commercial activities of the shopping center. Planning Commission placed this item on the consent agenda because the use is compatible with the existing tenants of the shopping center, it provides a needed service to the community, and there was no objection from the community. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Faith for Deliverance Page 2of2 1. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall. 2. Prior to the issuance of an Occupancy Permit for this unit, the applicant shall comply with all applicable City requirements pertaining to building codes and fire safety and suppression for the change of use to a place of assembly. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen* City Manager: FAITH FOR DELIVERANCE Agenda Item 12 June 14, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for a church. Map G-16 Faith for Deliverance LAKE o 4 we CLIP Church ADDRESS / DESCRIPTION: Property located at 649 Newtown Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14683137840000 2 - KEMPSVILLE Approximately 3,000 square feet (lease size) The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church that will offer GED courses, job training and counseling in addition to normal worship services. This application was heard at the May 2006 Planning Commission hearing. Since that time, the church has leased the adjacent unit in the shopping center and wishes to revise the original request to include that additional unit. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Existing shopping center. SURROUNDING LAND North: . Vacant land, multifamily dwellings / A-18 Apartment District, B-2 USE AND ZONING: Community Business District South: . Fuel sales, self storage, multifamily dwellings / B-2 Community Business District, A-12 Apartment District, East: • Newtown Road, auto repair, single-family dwellings / B-2 Community Business District, R-7.5 Residential District West: • Hampshire Lane, multifamily dwellings / A-18 Apartment District, B-2 Community Business District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. The FAITH FOR DELIVERANCE Agenda Item 12 Page 1 CULTURAL FEATURES: majority of the site is impervious; thus, there are no significant environmental features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Newtown Road in the vicinity of the site is a four (4) lane divided minor suburban arterial. There are no plans in the current CIP to improve this section of Newtown Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Newtown Road 42,661 ADT 30,600 ADT (Level of Existing Land Use — Service "D") — 32,800 ADT 129 ADT ' (Level of Service "E") Proposed Land Use 3 - 27 ADT 110 ADT Sundays Average Daily Trips s as defined by typical 3,000 square feet of retail use 3 as defined by 3,000 square foot church WATER: This site is already connected to City water. SEWER: This site is already connected to City sanitary sewer. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, located in and around these. neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the existing businesses.. FAITH FOR DELIVERANCE Agenda -Item 12 Page 2 within the shopping center. There is ample parking on site as there are many vacant units within the building, and unfortunately, this includes the anchor unit that was at one time a grocery store. Should the anchor unit be filled, the hours of the church and the Sunday worship service would not conflict with the commercial activities of the shopping center. CONDITIONS 1. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall. 2. Prior to the issuance of an Occupancy Permit for this unit, the applicant shall comply with all applicable City requirements pertaining to building codes and fire safety and suppression for the change of use to a place of assembly. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FAITH FOR :.t � aR lip"2i 8 tk-kRa...fiRt RY s r � ^ ' its "Jan i Xi RRppp Mpa ii RbaaRRRIbRbpbl � Ak�$��a�sg��omsnsx3��4i�8 •. �➢ kkkSikkk t��_R*..kk'_-'� EXISTING SITE PLAN ZONING HISTORY 1 02/27/01 CONDITIONAL USE PERMIT (self Granted storage) 2 10/24/00 CONDITIONAL USE PERMIT (housing Granted for seniors & disabledpersons) 3 02/01/00 CONDITIONAL USE PERMIT (motor Granted vehicles rental) 01/08/90 CONDITIONAL USE PERMIT (motor Granted vehicle sales 4 11/09/99 CHANGE OF ZONING (R-7.5 to Granted Conditional B-1 5 09/24/96 CHANGE OF ZONING (R-7.5 to Granted Conditional B-1 6 05/29/90 CONDITIONAL USE PERMIT (bingo) Granted 7 11/20/89 CONDITIONAL USE PERMIT (motor Denied vehicle repair FAITH FOR D:ELIVEF Agenda--li CE 12 e.6 F DISCLOSURE STATEMENT 1.0 0 rw - il S� eo t �F�sm b ;n, bpi o��=medaC�sv a � �.' t3 " ,.ti `✓ \ '�^w 40 N 'd C C C .'�� y � C � cWn v 4Y VE c �5am ps W Cs m3�®�cpy woe E a q Zoe g m c Ocl rq . A .- � t y).. W wx icg m°Ld Egm G «s ;cam �` 4K 1'"`n 'is a— Fig oc �. t CpCp:n ; '_. c' G Ue$ W $em sW oW m 3 r.- a6 rJ v4 V S� W c m4mrs nay sr e�Ea�3sca� mmc°i� cv aS09740� » m 5 � �e m W � c V Qu Qp u. °Etji,ti 3 75 a'C uT o If E 4• G €v m n Qyc }.� a{ a u yyQetW 4..CC qC� , tL age ��,, WG :W a. m W NN ui 3 .� Q .. ^. ."+ Q� ♦. V IIi #uS DISCLOSURE STATEMENT FAITH Item #12 Bobby Daniels, Faith for Deliverance Outreach Center Conditional Use Permit 649 Newtown Road District 2 Kempsville June 14, 2006 CONSENT Janice Anderson: The next applicant is Item #12. Bobby Daniels, Faith for Deliverance Outreach Center. It is a Conditional Use Permit for a church located on property 649 Newtown Road in the Kempsville District. Welcome ma'am. State your name please. Cassandra Daniels: I am Co -Pastor Cassandra Daniels from Faith for Deliverance Outreach Ministries. Janice Anderson: Well thank you Pastor Daniels. This application has two conditions. Have you reviewed those and are they acceptable? Cassandra Daniels: Yes ma'am. We have agreed. Janice Anderson: Thank you. Is there any opposition to this application? Mr. Livas will review the application. Henry Livas: Okay. This request is for a Conditional Use Permit for a church. This application was heard at the May 2006 Planning Commission hearing. Since that time, the church has leased the adjacent unit in the shopping center and wishes to revise the original request to include that additional unit. So you may recognize the Daniels. They were here before. The property is located at 649 Newtown Road in the Newtown Baker Shopping Center. The applicant wants to use the unit as a church that will offer GED courses, job training, and counseling in addition to normal worship services. The proposal is in conformance with the Comprehensive Plan's recommendation for this area. There is ample parking on the site since many of the shopping center units are vacant. Therefore, we recommend approval of this request along with a condition that the congregation membership shall not exceed established by the Fire Marshal. Janice Anderson: Thank you Mr. Livas. Thank you Pastor Daniels. Cassandra Daniels: Thank you. Janice Anderson: Mr. Chairman, I have a motion for approval of consent agenda item #12. Item #12 Bobby Daniels, Faith for Deliverance Outreach Center Page 2 Barry Knight: Thank you. There is a motion on the floor to approve the consent agenda item #12. Do I have a second? A second by Kathy Katsias. Is there any discussion? AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #12. Mao H-5 T _,,I- ar_ _I c* t--." 4- 1.�661LG 1�G(.IG J.V"ll.l1. Al -?R . Moditications of Conditions R'- 3 0 UN W, NO prf�0 D¢� as CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Little Neck Swim and Racquet Club — Conditional Use Permit (addition of 2 tennis courts), 864 Little Neck Road (DISTRICT 5 — LYNNHAVEN) MEETING DATE: June 27, 2006 ■ Background: Application of Little Neck Swim and Racquet Club for a Conditional Use Permit for a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) on property located at 864 Little Neck Road (GPIN 1488926559). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant requests a Conditional Use Permit for the addition of two clay tennis courts to the facility. There are currently six tennis courts that are located on the northern side of the property. Those courts have chain -link fences around them and are lighted, consistent with the provisions of a use permit and modification of proffers application approved in 2003. The two new tennis courts will be located at the northwestern side of the site, immediately adjacent to the existing vehicular entrance to the site from Little Neck Road. The two courts will be surrounded by ten -foot high chain -link fencing. Shrubs, primarily wax myrtles, will be installed on the north and south sides of the courts; these areas will also act as stormwater management facilities. In addition to the two new tennis courts, new sidewalks will be installed between the tennis courts and the swimming pool, running to the parking spaces located on the eastern side of the site. Additional parking is also added along the drive aisle from the site to Little Neck Road. The subject site was rezoned from residential to office use in 1981. A conditional use permit for a private club (recreational facility) was also granted in 1981. An agreement addressing conditions voluntarily proffered during the rezoning is recorded in Deed Book 2090, Page 728. The 1981 proffers were modified in 2003 when a use permit for wireless communication antennas was reviewed and approved by the City Council. The 2003 approval included the installation of new lighting for the tennis courts, which is now in place. After installation and use of the lights, however, adjoining property owners in the residential neighborhood notified the applicant and the City that glare from the lights was spilling onto their properties. Representatives of the neighborhood, the applicant, and the City Planning Department met on a number of occasions, and a plan for adjusting and Little Neck Swim and Racquet Club Page 2 of 2 modifying the lights was agreed on. The applicant has ordered the parts needed to modify the lights, and has informed staff that the installation and adjustment of the lights will occur within the next few weeks. The proposal, as conditioned, is in conformance with the Comprehensive Plan's recommendations for this area. This use has existed at this location for many years and is a valuable part of the Little Neck communities. The applicant has continued to show a willingness to work with the surrounding property owners should any unintended negative affects occur. Recent lighting issues are being addressed and should be largely resolved within a few weeks. The addition of the tennis courts are part of a comprehensive upgrade of this facility, further enhancing the role of the club as an amenity to the Little Neck area. The Planning Commission placed this item on the consent agenda because the additional courts and parking will enhance the existing club, there was no objection, and the proposal is consistent with the recommendations of the Comprehensive Plan. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The installation of the tennis courts and parking shall generally conform to the submitted plan set, entitled "Little Neck Swim and Racquet Club," and dated 9/27/05. Said plans may be modified as necessary to satisfy site plan review requirements. 2. No construction related to the tennis courts shall commence until the existing lighting on the site has been adjusted and modified to substantially reduce glare onto the adjacent properties. The Zoning Administrator shall make a determination as to whether the lighting has been adequately adjusted and modified before any construction may commence. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: I< . r LITTLE NECK SWIM & RACQUET CLUB Agenda Item 9 May 10, 2006 Public Hearing Staff Planner: Stephen J. White REQUEST: Conditional Use Permit for for a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) M N°. H-5 _Little Neck S.&R.C. ,� Q -_ I e Q 20 11, ' 0ral 1 't i 05 - �� iI, �d3 1 - �n ��Io�— Niodifications of Conditions ADDRESS / DESCRIPTION: 864 Little Neck Road GPIN: 1488926559 COUNCIL ELECTION DISTRICT: SITE SIZE: 5 -- LYNNHAVEN 5.321 acres The applicant requests a Conditional Use Permit for the SUMMARY OF REQUEST addition of two clay tennis courts to the facility. There are currently six tennis courts that are located on the northern side of the property. Those courts have chain - link fences around them and are lighted, consistent with the provisions of a use permit and modification of proffers application approved in 2003. The two new tennis courts will be located at the northwestern side of the site, immediately adjacent to the existing vehicular entrance to the site from Little Neck Road. The two courts will be surrounded by ten -foot high chain -link fencing. Shrubs, primarily wax myrtles, will be installed on the north and south sides of the courts; these areas will also act as stormwater management facilities. In addition to the two new tennis courts, new sidewalks will be installed between the tennis courts and the swimming pool, running to the parking spaces located on the eastern side of the site. Additional parking is also added along the drive aisle from the site to Little Neck Road. The subject site was rezoned from residential to office use in 1981. A conditional use permit for a private club (recreational facility) was also granted in 1981. An agreement addressing conditions voluntarily proffered during the rezoning is recorded in Deed Book 2090, Page 728. The neighborhood of Bishopsgate immediately adjacent to the site on the north and east was rezoned in 1986. The residential properties immediately south of the site were rezoned and developed in the early 1990s. The 1981 proffers were modified in 2003 when a use permit for wireless communication antennas was reviewed and approved by the City Council. The 2003 approval included the installation of new lighting for the, LITTLE NECK SRC Agenda 'Item # 9 Page 1 tennis courts, which is now in place. After installation and use of the lights, however, adjoining property owners in the residential neighborhood notified the applicant and the City that glare from the lights was spilling onto their properties. Representatives of the neighborhood, the applicant, and the City Planning Department met on a number of occasions, and a plan for adjusting and modifying the lights was agreed on. The applicant has ordered the parts needed to modify the lights, and has informed staff that the installation and adjustment of the lights will occur within the next few weeks. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A private recreational club is located on the site. Amenities include swimming pools and tennis courts. SURROUNDING LAND North: . Single-family homes/ R-20 (Open Space Promotion) USE AND ZONING: Residential District South: . Single-family homes / R-20 Residential District East: . Single-family homes/ R-20 (Open Space Promotion) Residential District West: . Church / R-15 Residential District NATURAL RESOURCE AND The site is developed with a clubhouse, outdoor pool, tennis courts and CULTURAL FEATURES: parking areas. There are some mature trees in an open area on the southern side of the site, adjacent to a residential neighborhood. There is an established row of large shrubs around the perimeter of the site on - the east and north sides adjacent to a residential neighborhood. Along the frontage of the site there are some scattered mature pine trees. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Little Neack.Road is a two-lane collector roadway. There are no projects in the CIP to improve this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Little Neck Road 4,157 ADT 6,200 ADT (Level of Service "C") — 9,900 ADT' Existing Land Use — 232 ADT (Level of Service "E") Proposed Land Use 3- 309 ' Average Daily Trips Zas defined by existing uses s as defined by existing plus two new tennis courts WATER: This site is already connected to City water. There is an 16 inch City water line in Little Neck Road. SEWER: This site is already connected to City sanitary sewer. There is an 8 inch City gravity sanitary sewer in an easement near the southeastern corner of the property. There is an 18 inch force main in Little Neck Road. The Comprehensive Plan designates this area as part of the COMPREHENSIVE PLAN Primary Residential Area. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions below. The proposal, as conditioned, is in conformance with the Comprehensive Plan's recommendations for this area. This use has existed at this location for many years and is a valuable part of the Little Neck communities. The applicant has continued to show a willingness to work with the surrounding property owners should any unintended negative affects occur. Recent lighting issues are being addressed and should be largely resolved within a few weeks. The addition of the tennis courts are part of a comprehensive upgrade of this facility, further enhancing the role of the club as an amenity to the Little Neck area, CONDITIONS 1. The installation of the tennis courts and parking shall generally conform to the submitted plan set, entitled "Little Neck Swim and Racquet Club," and dated 9/27/05. Said plans may be modified as necessary to satisfy site plan review requirements. 2. No construction related to the tennis courts shall commence until the existing lighting on the site has been adjusted and modified to substantially reduce glare onto the adjacent properties. The Zoning Administrator shall make a determination as to whether the lighting has been adequately adjusted and modified before any construction may commence. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. � f y , V - O f wi e - _ p FY V .. iz e s e,� t 00 . ��, 2 eat as a' ffiPVA rIp INUMONW4 m E Z A: F M K'A r PRCNCGM POW I I � AN 14- Milo pAmium ial mks Alt .4 1 2/9/81 Change of Zoning (R-3 Residential to Granted 0-1 Office [now 0-2 Office]) and CUP for private recreational club 6/10/2003 Modification of Proffers Granted 6/10/2003 Use Permit (wireless communication Granted antennas) 2 5/23/95 Change of Zoning (R-30 Residential to Granted R-20 Residential) 3 7/25/86 Use Permit (open space promotion) Granted 4 11/10/92 Subdivision Variance Granted 5 6/12/01 Use Permit (church addition) Granted ZONING HISTORY -- o co 47 iD tE me ao NOIIVjrid(TLtv, IIWH"ddT rd"IMUNOWaNO3 IIE ct IX a LO 010 z cc ja ED Board of Directors reasurer Board PvIeMber:�:,: �Ca f',`e SharPe Board iH G,1'1 Board Member,"l-,.".::Daryj NIitche�i Committee Chairs Bylaws:::.:::::,.::::-:::::-Kevir,, Rack Concessions :::::::::::::Oet)vie W*�- Grounds:::*::::::::::::::::,Ia,-, RiGe "long Barge RannmT:Barbara Hudson membership:: �: �: I "Ien-ce Sharpe Socia," ThLIMMa Swim Gfli A -A� nne %Iane. "cola U4SRC Management Staff %lee, Tennis Oirec r.:::::::::::: Tony Beniurnea Tennis Tetteh Item #9 Little Neck Swim and Racquet Club Conditional Use Permit 864 Little Neck Road District 5 Lynnhaven May 10, 2006 CONSENT Janice Anderson: The next item is item #9, Little Neck Swim and Racquet Club. It is for a Conditional Use Permit for a recreational facility, which is the addition of two tennis courts, located on property 864 Little Neck Road in the Lynnhaven District. Daryl Mitchell: My name is Daryl Mitchell. I'm the Treasurer of Little Neck Swim and Racquet Club. Janice Anderson: Thank you Mr. Mitchell. Have you reviewed the two conditions that were placed with the application? Daryl Mitchell: Yes we have. Janice Anderson: Are they acceptable? Daryl Mitchell: Yes they are. Janice Anderson: Thank you. Is there any opposition to this application? I would like to have Kathy Katsias review this. Kathy Katsias: This is a request for a Conditional Use Permit by the Little Neck Swim Club to add two additional tennis courts to their existing six tennis courts currently on the property. This facility has existed at this location for many years and is a valuable part of the Little Neck community. The addition of the tennis courts are part of the comprehensive upgrade of this facility, and it enhances the role of the club as an amenity of the Little Neck area. Therefore, we agree with the staff s recommendation, and have put this on the consent agenda. Janice Anderson: Thank you Ms. Katsias. I have a motion to approve the following item for consent, item #9, Little Neck Swim and Racquet Club. Barry Knight: Thank you. That is a motion to approve the consent item. Do I have a second? A second by Mr. Crabtree. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #9 Little Neck Swim and Racquet Club Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #9 for consent. CUP - for Home Daycare J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Karen A. Spaulding — Conditional Use Permit (day care), 2060 Antelope Place (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: June 27, 2006 ■ Background: Application of Karen A. Spaulding for a Conditional Use Permit for a home occupation (day care) on property located at 2060 Antelope Place (GPIN 1484093159). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant requests a Conditional Use Permit to allow the operation of a home child daycare operation. Hours of operation are 8:00 a.m. to 4:00 p.m., Monday through Friday. No maximum number of children was requested in the application. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is also compatible with the residential neighborhood and is not expected to generate noise or traffic beyond what is typical in a residential setting. Staff concludes that the existing two (2) story, single-family dwelling and the fenced rear yard is of ample size to accommodate up to ten (10) children. While the applicant did not request a maximum number of children, Staff has consistently recommended limiting the number of children in a home day care in similar situations to a maximum of ten (10).; therefore, this approval is conditioned as such. The recommended conditions below not only limit the number of children but also ensure that the home day care will not negatively impact the surrounding properties. The Planning Commission placed this item on the consent agenda because they felt that, as conditioned, the use would not negatively impact the neighborhood, there was no opposition, and the proposal is consistent with recommendation of the Comprehensive Plan. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request with the following conditions: Karen A. Spaulding Page 2 of 2 1. This daycare facility shall be limited to a total of ten (10) children during a 24 hour day. 2. The hours of operation will be restricted to 6:30 a.m. to 6:30 p.m. 3. No signs advertising the home daycare shall be permitted on the premises, whether installed on the lot or buildings on the lot, at any time. 4. The applicant must maintain a family day care home license with the Commonwealth of Virginia. Failure to maintain a family day care home license will result in revocation of the Conditional Use Permit. 5. The existing fence shall be replaced with a minimum six (6) foot high, solid privacy fence surrounding the rear property where the children will play outside. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager: V . Z�� KAREN SPAULDING Agenda Item 6 May 10, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for home daycare: Map F-11 Karen S auldin ap 1 ,. P Qxc a } s71t4WOol2 ��I SfAlY bAJts A!'E �ron- CUP - for Home Daycare ADDRESS / DESCRIPTION: Property located at 2060 Antelope Place. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14840931590000 7 — PRINCESS ANNE 5,000 square feet The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST operation of a home child daycare operation. Hours of operation are 8:00 a.m. to 4:00 p.m., Monday through Friday. No maximum number of children was requested in the application. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling. SURROUNDING LAND North: a Single-family dwellings / R-5D Residential District USE AND ZONING: South: 0 Single-family dwellings / R-5D Residential District East: . Single-family dwellings / R-5D Residential District West: . Antelope Place, single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental features on the property. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Antelope Place is a local residential street in the Salem Lakes neighborhood. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Antelope Place No Data 6,200 ADT (Level of Existing Land Use —10 Available Service "C") — 9,900 ADT' ADT (Level of Service "D") Proposed Land Use 3- 26 ADT Average Daily Trips - s as defined by single-family dwelling 3as defined by home daycare facility WATER & SEWER: This site is already connected to City water and sewer. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is also compatible with the residential neighborhood and is not expected to generate noise or traffic beyond what is typical in a residential setting. Staff's position is that the existing two (2) story, single-family dwelling and the fenced rear yard is of ample size to accommodate up to ten (10) children. While the applicant did not request a maximum number of children, Staff has consistently recommended limiting the number of children in a home day care in similar situations to a maximum of ten (10); therefore, this approval is conditioned as such. The recommended conditions below not only limit the number of children but also ensure that the home day care will not negatively impact the surrounding properties. CONDITIONS 1. This daycare facility shall be limited to a total often (10) children during a 24 hour day. 2. The hours of operation will be restricted to 6:30 a.m. to 6:30 p.m. 3. No signs advertising the home daycare shall be permitted on the premises, whether installed on the lot or buildings on the lot, at any time. 4. The applicant must maintain a family day care home license with the Commonwealth of Virginia. Failure to maintain a family day care home license will result in revocation of the Conditional Use Permit. 5. The existing fence shall be replaced with a minimum six (6) foot high, solid privacy fence surrounding -the rear property where the children will play outside. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 115 3T , DMCH -ITH 116 w.uv l�ppEpyi� F I I 107 ! 1 b6 C O N- I� i 2- STY DWELLING #2060 R n•T I I ANTELOPE PLACE (SO' RIIN) N� 0019d6 PHYSICAL SURVEY 107 LOT AMENDED PLAT OF SUBDIVISION OF SALEM SOUTH �LgA�7KE�gSp1 KEM?SVIL I.E BUROU[�MFINIA BEACH urtGpYlA WILLIAM F. SPAULDING AND KAREN A. SPAULDING 07/13/99 CHANGE OF ZONING (R-5D & R- Granted 15 to R-7.5) ZONING HISTORY F- Z W tt! Yi tt0 id fn Q ' rr'lug* (I A n r• C. o 77 a aN i c ul ul Q = rfi [ tL 55 p —3 t4'c mti axro� WIZ a �� `taao m "a O `� ° m ao o c¢ ci C5 ^ V a q R wa�0.W DISCLOSURE STATEMENT Item #6 Karen A. Spaulding Conditional Use Permit 2060 Antelope Place District 7 Princess Anne May 10, 2006 CONSENT Janice Anderson: The next item is Item #6, Karen Spaulding. This is for a Conditional Use Permit for a home occupation (day care) on property located at 2060 Antelope Place, Princess Anne District. Is the representative here? Is there any opposition to this application? Seeing none, I would like to have Jay Bernas explain this application. Jay Bernas: This is an application for a Conditional Use Permit to allow the operation of a home child day care operation in the Salem Lakes neighborhood of the Kempsville District. We are putting this on the consent agenda because it is conformance with the Comprehensive Plan recommendations. It is not expected to generate any noise or traffic beyond the intent that there would be a maximum of ten (10) children staying there. The hours of operation will be restricted from 6:30 a.m. to 6:30 p.m. They will be required to maintain a State Family Day Care License. In addition, we would like to place an additional condition on the application to install a fence, something without picketed ends -- maybe a dog-ear or a flat top for the safety of the children. Janice Anderson: Thank you. I have a motion to approve the following item for consent, item #6, Karen A. Spaulding. Barry Knight: Thank you. That is a motion to approve the consent item. Do I have a second? A second by Mr. Crabtree. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #6 for consent. -48- Item V-L.7. PLANNING ITEM # 53741 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED INDEFINITELY an Ordinance upon application of NELIN BROTHERS for a Conditional Change of Zoning District Classification: ORDINANCE UPONAPPLICATION OF NELIN BROTHERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO CONDITIONAL 0-1 Ordinance upon application ofNelin Brothers for a Change ofZoninz District Classification from R-20 Residential District to Conditional 0-1 Office District on property located at 2122 General Booth Boulevard (GPIN 24141834440000). The Comprehensive Plan designates this site as being part of the Primary Residential Area (South General Booth Boulevard Corridor), suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the requested modification is to develop the site for an office building. DISTRICT 7 — PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and James L. Wood March 22, 2005 Conditional Zoning Change from R-20 to Conditional 0-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Nelin Brothers — Change of Zoning District Classification, 2122 General Booth Boulevard (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: June 27, 2006 ■ Background: Application of Nelin Brothers for a Change of Zoning District Classification from R-10 and R-20 Residential Districts to Conditional 0-1 Office District on property located at 2122 General Booth Boulevard (GPIN 2414183444). DISTRICT 7 — PRINCESS ANNE This item was indefinitely deferred by City Council on March 22, 2005, to allow -the applicant and the property owner to resolve a legal dispute. That issue has now been resolved through the courts and the applicant is ready to proceed. The application has been readvertised in the newspaper as required, the property has been posted with a new public notice sign advertising the new Council hearing date, and notification of the hearing has been sent to adjacent property owners as required by law. ■ Considerations: The applicant wishes to rezone the residentially zoned property to 0-1 Office District to accommodate a 6,000 square foot, one (1) story office building. The parcel is 0.85 acres with approximately 180 feet of frontage along General Booth Boulevard. The proposed office "complex" consists of three (3) individual office units within the structure, 27 parking spaces, a dumpster, and two (2) stormwater management facilities. The proffer agreement addresses the site layout, landscaping, and elevations of the building. The request is consistent with the Comprehensive Plan's recommendations for the area. The Plan emphasizes the need to preserve and protect existing neighborhoods from incompatible uses. Under good land use planning principles, office uses are viewed as a desirable transition from residentially zoned properties to more commercial uses. From the beginning, staff's discussions with the applicant stressed the need to follow the recommendations found in the Comprehensive Plan to preserve and protect the overall character, economic value and aesthetic quality of the neighboring properties and to be mindful to not introduce any uses that could be incompatible with the surrounding properties and uses. As this proposal is a conditional rezoning, the proffer Nelin Brothers Page 2 of 2 agreement ensures that the submitted elevations and site layout will be adhered to during the construction process. While Staff does recognize that the proposed building footprint is not typically residential in scale, the proffered elevations ensure that the structure will be one (1) story in height and will have quality design and building materials. The proffers provide a level of predictability as to the ultimate quality, architecture, height and site layout. When combining all components of the proposal, Staff concludes that this office use is compatible with the adjacent properties and is, in fact, the desired land use as compared to other more intrusive, commercial uses. There was opposition to the request, which is detailed in the attached minutes of the February 9, 2005 Planning Commission hearing. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. } NELIN BROTHERS Agenda Item # 1 s FGrt✓ tY•`„=;.�` February 9, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: 9 Location and General Information Change of Zoning District Classification from R-20 & R-10 Residential Districts to Conditional 0-1 Office District. Property located on 2122 General Booth Boulevard. 24141834440000 M Map K—ll a Nelin Brothers „ , o , oez Conditional Zonine Chanee from R-20 to Conditional 0-1 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 0.85 acres EXISTING There are two (2) existing structures, formerly single-family dwellings, LAND USE: on the property. Neither structure is in good shape as they have been neglected over time. SURROUNDING North: • Single-family dwellings / R-20 Residential District LAND USE AND South: • Single-family dwellings / R-20 Residential District ZONING: East: • Single-family dwellings / R-20 Residential District • Fuel sales, bank, shopping center with mixed retail West: / B-2 Community Business District NATURAL RESOURCE AND The site is sparsely wooded but mostly overgrown with grasses. CULTURAL There do not appear to be any significant environmental resources on FEATURES: the site. AICUZ: The site is in an AICUZ of 65 - 70dB Ldn surrounding NAS Oceana. i i r\ Summary The applicant wishes to rezone the residentially zoned property to 0-1 Office District to accommodate a 6,000 square foot, one (1) story office building. The parcel is 0.85 acres with approximately 180 feet of frontage along General Booth Boulevard. The office "complex" is proposed with three (3) individual office units within the 6,000 square foot structure, 27 parking spaces, a dumpster, and two (2) stormwater management facilities. The proffer agreement addresses the site layout, landscaping, and elevations of the building. TLM-035 51 &1-5 Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Primary Residential Area. For properties within Primary Residential Areas, the Plan emphasizes the need to preserve and protect the overall character, economic value and aesthetic quality of the stable neighborhoods, particularly through the avoidance of introducing incompatible uses. Established residential neighborhoods shall be protected against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize them. The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 Development on the site shall conform with that as shown on the exhibit entitled, "Proposed Office Development For General Booth Boulevard," prepared by Engineering Services, Inc., dated October 26, 2004; which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, "Site Plan"). PROFFER # 2 The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA," made by Covington/Hendrix Architects, dated 12/03/04, which has been exhibited to the Virginia Beach City Council and is on NELIN BROTHERS Agenda -item; # 1 Page 3 file with the Virginia Beach Planning Department. PROFFER # 3 All outdoor lighting shall be shielded, deflected and shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for approval. PROFFER # 4 Any freestanding sign shall be monument style, no greater than six feet (6) in height with a brick base matching the brick on the exterior of the Office Building. Staff Evaluation of The proffers are adequate. The agreement will ensure that Proffers: the use of the site is limited to office uses that the general appearance of the building and layout of the site will be as presented. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated December 28, 2004, and found it to be - legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. The request is consistent with the Comprehensive Plan's recommendations for the area. The Plan emphasizes the need to preserve and protect existing neighborhoods from incompatible uses. Typically, office uses are viewed as a desirable transition from residentially zoned properties to more commercial uses. From beginning, discussions with the applicant stressed the need to follow the recommendations found in the Comprehensive Plan to preserve and protect the overall character, economic value and aesthetic quality of their neighbors and to be mindful to not introduce any uses that could be incompatible with the surrounding properties and uses. As this proposal is a conditional rezoning, the proffer agreement ensures that the submitted elevations and site layout will be adhered to during the construction process. The proffered elevations depict an attractive, single -story building (approximately 27 feet in height) designed with high quality building materials. Elements of good design, minimal height and quality. NELIN BROTHERS Agenda Item ,# 1 Page 4 building materials will all aid in negating any negative impacts that a typical multi -story office building, surrounded on three (3) sides by residentially zoned properties, could potentially have on its neighbors in terms of scale, mass, lighting, noise, etc. Smaller, similar requests have been granted in the vicinity, each with an office or retail operation that was a bit more in keeping, in terms of square footage, with a residential dwelling; however, in no case was the proposed operation surrounded entirely by single-family dwellings. While Staff does recognize that the proposed building's footprint is not typically residential in scale, the proffered elevations ensure that the structure will be one (1) story in height and will have quality design and building materials. The proffers provide a level of predictability as to the ultimate quality, architecture, height and site layout. When combining all components of the proposal, Staff concludes that this office use is compatible with the adjacent properties and is, in fact, the desired land use as compared to other more intrusive, commercial uses. Staff recommends approval of this request as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans - submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 0 .. IRa.`+'. Supplemental Information Conditional Zoning Change from R-20 to Conditional 0-1 # 1 DATE I REQUEST 1 02/10/98 Conditional Use Permit (church) 2 06/11/96 Conditional Use Permit (car wash) 05/19/86 Conditional Use Permit (fuel sales) 3 06/27/95 Change of Zoning (R-20 Residential District to R-10 Residential District) 4 01 /11 /88 Conditional Use Permit (truck rental) 10/22/84 Change of Zoning (R-3 Residential District to B-2 Community Business District) Zoning History ACTION Granted Granted Granted Granted Withdrawn Granted Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan classifies General Booth Boulevard as a four (4) lane, minor arterial roadway. There are no plans at this time to widen this right-of-way; however, during final site plan review, a reservation will likely be required. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 20 ADT General Booth 36,382 141800 — Boulevard ADT' 27,400 1 Proposed Land 3— ADT Use 66 ADT - 216 ADT 141 ADT -Average uany I rips Zas defined by existing residential zoning s (66 ADT) as defined by proposed 6,000 square feet of general office use (216 ADT) as defined by 6,000 square feet of medical office use (141 ADT) as defined by 3,000 square feet for medical office use and 3,000 square feet for general office use Public Utilities Water: There is a 20 inch water transmission line in General Booth Boulevard. City water is not available. Health Department approval will be required for private wells . Sewer: There is a 30 inch Hampton Roads Sanitation District (HRSD) sanitary force main in General Booth Boulevard. City sanitary sewer is not available. Health Department approval is required for septic s stems . Private grinder pumps and force main may be an option. NE Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Adequate — additional comments at site plan review. -u 0 GaNO7 *GA79 IHIV GaH Exhibit B - 1 Proposed Site Plan > z . .... z u 0 77-7LR-1 �O b z 0 oil 0 . . . ... . ... . . ........... 01-u (13NOZ Exhibit B - 2 Proposed Site Plan I- Exhibit D - 1 Proposed Building Rendering ]IMON UWE ■■m as 0 i/. wo Exhibit E - 1 Disclosure Statement DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list r'f necessary) Pt'Z:!>i 6."Z0+ ar)r t AD(-fr ram, +1L r . l,c Qrzs; &ZC) — 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9t112W4 Exhibit E - 2 Disclosure Statement DISCLOSURE STATEMEN1 r ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Moody ;tallings - Attorney yr= � V r� 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. � a � / I dl_�_ _� �o'&-xr Ak:zlA) Applicant's Signature Prinn�, Name p i Property Owners Signature of different than applicant) Print Name Conddional Rezoning 1AppT;x on Page 13 of 13 Ravisee 2iig/2CC^, Item #1 Nelin Brothers Change of Zoning District Classification 2122 General Booth Boulevard District 7 Princess Anne February 9, 2005 REGULAR Dorothy Wood: We will now go to our regular agenda. Our Secretary, Mr. Strange will call the first item. Joseph Strange: The first item is Item #1 Nelin Brothers, an application for a Change of Zoning District Classification from R-20 Residential District to 0-1 Office District on property located at 2122 General Booth Boulevard, District 7, Princess Anne. Dorothy Wood: Is there anyone here representing? Good morning sir. Greg Johnson: Hello. Good afternoon Madame Chairman and members of the Planning Commission. My name is Greg Johnson. I'm with the engineering firm of Engineering Services of Virginia Beach. Before I get going, I'd like to thank Carolyn Smith for helping us with this application. We've met with her several times and tried to work through several issues. Today I'm representing Greg and Bob Nelin, who are in attendance. We come to you today to request that you recommend to City Council that the 0.88-acre parcel be rezoned from R-10 & R-20 to 0-1, with conditions. We provided four proffers with our request. The proposed office building will be the office of Nelin Brothers Building Company with other offices for rent. Because the office will be theirs, they want it to be attractive and blend with the adjacent residential area. As you can see from the renderings, the office does have a residential appearance. Bob Nelin, about two weeks ago, did meet with the neighbors to introduce himself, describe their project, and tell them of today's_ meeting. Some of the neighbors are here today to voice their concerns. Nelin Brothers commit to working with the neighbors to address their concerns to the fullest extent possible. We hope to become a very good neighbor. In talking with the neighbors this morning, we learned that they did have several concerns, which we can address later. I'll be happy to answer any questions. Dorothy Wood: Thank you. Are there any questions? Sir, we don't have anyone signed up. Janice Anderson: I'm sorry. Did you say that you met with them prior to this or just this morning? Item #1 Nelin Brothers Page 2 Greg Johnson: We met about three weeks ago with them, Bob and Greg Nelin did and then we met again this morning. Joseph Strange: We don't have anyone speaking in opposition. Dorothy Wood: Are you in opposition sir? James Hibberd: Chairman Wood if I may. I didn't understand the format. I said that I was in conjunction with these gentlemen rather than in opposition. I was in support. I am in opposition. I will clarify the issue. Dorothy Wood: Okay sir. Thank you. Joseph Strange: Your name is? James Hibberd: My name is James Hibberd. Joseph Strange: Speaking in support we have Bobby Nelin. Bobby Nelin: Madame Commissioner and Planning Commission. My name is Bobby Nelin. I'm a custom homebuilder of a relatively small firm that consists of my brother Greg and our boss, our mom, who is our office manager. I lived here now for 15 years. I live in this corridor. I've seen a lot of changes, as I'm sure everybody else has, and we're working to put a good name of our office in this area. I've met with some of the neighbors. A couple of weeks ago, I went to the neighbors that joined our properties. I gave them some renderings, and asked them if they had any questions to please call me. I did speak to Mrs. Hipp, who is here today, and talked to her about the possibility of doing some landscaping. This will be for us, as we build custom homes, very important for us to put our best foot forward. We want to make this fit in. We plan on doing some very nice landscaping and we've taken into a lot of consideration different things on our renderings. I'll be happy to answer any questions. Thank you. Dorothy Wood: You're a lucky man to work with your mother. Bobby Nelin: As I am. She doesn't give me the checkbook. Joseph Strange: Speaking in opposition we have James Hibberd. James Hibberd: Madame Chairman and members of the Board thank you for hearing us today. The confusion on the court basically stems from the fact that after meeting with Nelin Brothers we find that Carolyn Smith has taken a great deal of time to make sure that they're looking out for our best interest and it seems like this is the type of thing that, if progress is inevitable, this might be the best thing for our Item #1 Nelin Brothers Page 3 neighborhood. We do have some concerns. During the construction phase, some of the concerns are, and maybe I should introduce myself briefly, just to say that I was the second home in the neighborhood. We've been there seven years so we've seen the thing go from nothing from flat pasture land, Hickman Farm, to something that has become a beautiful community. All of the neighbors get along just great there. But, some of the concerns expressed by some of the people that we're working with here include parking on Hickman Arch. The concern that because, as you can see from the corner there, the very corner of the property is right on Hickman Arch there. That is a port into our neighborhood. And, we're concerned that construction guys of any kind are going to come and start parking along that neighborhood corner there and create some construction traffic there that is going to be not so safe for the children. We have probably 50-60 children in that neighborhood of 25 or 30 homes. And, so were concerned about the parking. We're concerned about the construction noises and were hoping that maybe we could ask these gentlemen to restrict their construction to daytime hours, business hours, I should say within reason. Because it is a residential area we were hoping that they would have a porta-potty on the location, these types of things. For the long term, we have some other concerns. We're concerned number one that this structure is probably somewhat too big for the property. We were hoping that might be looked at. It's a huge 6,000 square foot structure and there is only a 190 linear feet along General Booth Boulevard so we're wondering if that is appropriate as far as size and space, and everything. Another thing that we're very concerned about is there is a dumpster to be placed on the property, if I may? Dorothy Wood: There is a pointer there sir? Greg Johnson: At this location right here is a dumpster, which you can see is in view of the porch that we sit on in the evening when we talk. So we're concerned that perhaps it would be better, if possible to relocate that dumpster just to the other side of the property. I know that it will put it near to another neighbor but this is their backyard and less likely to impact them as it would to this homeowner here. So, that's the second major concern. We're concerned that once the building is built and once the Nelin Brothers are in good shape that down the road it might be rezoned. And, we're concerned that although it might support office space, this is not a good space for commercial area. We're hoping that somehow you can note that in the documents to make sure that it is not rezoned and that it maintains that overall residential character. We're all concerned about our property values. We're hoping that you'll enjoin the Nelin Brothers to make sure that everything is absolutely top notch as possible. Based on our conversation this morning, I'm sure that is possible. These seem to be good guys but we're hoping they'll put it in writing somewhere. Another big concern is drainage. We have in the past seven years 4 or 5 major floods of the streets in that area. They were on the news several times. The intersection of Agecroft Road and Red Mill Boulevard, which is north and east of the location specified here is all adjoining to the same flood area, and we're concerned that the city's pipes in that area are not sufficient to the amount of Item #1 Nelin Brothers Page 4 square footage of the asphalt that is there. We are hoping that somebody, like a traffic engineer or a flood- water engineer could take a look at that. And, then we're also concerned about traffic. There are two types of traffic. We're concerned about traffic on General Booth Boulevard. If I'm not mistaken, that intersection of General Booth and London Bridge is probably the second worse traffic accident area in the City with Dam Neck, a mile down the road being the worse. We're concerned about that turnoff into that area is going to be a problem, and it is going to create additional traffic concerns. We're also concerned about foot traffic. We're concerned that it is going to create a natural walkway for people to walk through from General Booth Boulevard right through our neighborhood,.where before we had a fairly tight community, and there was fairly restricted traffic in through there. In that respect, we were hoping that the Nelin Brothers might actually put some gates from the building over to the side fence on each side to prevent foot traffic through there. Maybe that would cut down on that kind of a problem. And lastly, in the area of appearance, we were hoping that they might have some trees. Something in the 12 foot to kind of hide the building a little bit on the back side and along the sides to just kind of decorate up the building a little bit. I think that addresses all of our concerns and I appreciate your time in considering these issues. Dorothy Wood: We appreciate you coming sir. I know that you were concerned about the porta-potty. That is required by the building code. Greg Johnson: Okay. Dorothy Wood: While they are doing the construction they will have to have a porta-potty. James Hibberd: During the times that my home was observing all the construction going on there were some issues there. I appreciate that. Dorothy Wood: Would you please answer any questions from the Planning Commission? James Hibberd: Of course any questions you might have. Dorothy Wood: I don't think there are any. Ronald Ripley: I don't have any questions. Dorothy Wood: Thank you sir for coming down. Are there any comments? Does the applicant want to say a few words? Greg Johnson: I'll address a couple of items. I don't know if I'll get them all here today. Parking along Hickman Arch would not be allowed, I don't think by the building inspectors, and Nelin Brothers have no problem with there will be no Item #1 Nelin Brothers Page 5 parking there. Construction noise we can limit construction between 8 to 5 and all business hours. The large building issue, and we tried to work with Planning Department and Carolyn Smith about size in this particular building, and have looked at it at different angles. And, to be honest it is a matter of economics trying to make things work as far as size and what would be appropriate. We think we have a nice size building. It will be presented very well once it is there, if it's the Commission's desire. The dumpster pad and there is a reason why the dumpster pad being on that side. The drainage outfalls is in that direction, and there is additional space where the BMP against Hickman Arch would be and that was the reason for the location of the dumpster pad on that side. Add to that, we did intend to have fencing around it so you can see it directly. There will be landscaping around it as well. Property values were mentioned and also future rezoning. I'll skip over that. Neighborhood flooding? There is a large BMP in the area and honestly I don't know the full ramification of that. It would be something that I would have to check with the City engineers on. Traffic? We did check with traffic engineering on this issue. We are well under the city's traffic engineering criteria for right turn lanes even if the whole building were commercial and it won't be. So, I think we got that issue pretty much squared a way, and we have talked to Traffic Engineering. Pedestrian traffic? We will be happy to work with the neighbors to inhibit people walking through the property and going from Hickman Arch toward commercial area. We'll be happy to work with them on that, and also as far as the appearance in the rear. We want to work with the neighbors. We want to be good neighbors with them, and be happy to work with them on the final selection of plantings. Dorothy Wood: Thank you sir. We appreciate it. Are there any questions? William Din: Mr. Johnson, how many tenants do you intend to have in this office? Greg Johnson: Three. There will be the Nelin Brothers, and then I think there are two other compartments. William Din: Is there a real need for a dumpster on this location? Greg Johnson: I think we're trying to meet city criteria on that. William Din: I notice that you do have commercial landscaping facing toward your building. Is there any additional landscaping to be provided on the residence side? Greg Johnson: I'm sure we could work out something. Unfortunately, I'm not a landscape architect but yes we will be happy to work with them to try to come up with a good solution. William Din: Is there a fence around this property already? Item #1 Nelin Brothers Page 6 Greg Johnson: In part there is. Not all the way around, and I wish I had a pointer. Dorothy Wood: There is one right there. Greg Johnson: Okay. I believe there is a fence starting here coming around this way, ending up this way, and there is a fence starting about right here and coming up this way. And, we talked to the neighbor here this morning about the possibility of improving the fence here, and we would be most happy to do that. In fact, that would help us and help them. As far as extending a fence out to the road, I don't know if we can do that and meet city criteria. So, we'll be happy to work with them as far as fencing along this rear as best we can, and do want to be a good neighbor, and have a good appearance from that street. William Din: So you wouldn't have any objection to putting additional fencing around the rear of the property to keep any cross traffic from going through or anything like that? Greg Johnson: No. If I can, right now we have a BMP at that corner. And wishfully thinking today, you can try to be creative with different ways of doing things. I haven't been able to talk about this yet. I would like to have the latitude, if .r we can make something a little bit different as far as the BMP is concerned, and round that landscaping off instead of having that point, I'd like to have a chance to do that. Maybe we can work something out. William Din: I'm sure you can. You will have to speak to, is it Carolyn you've been working with? Greg Johnson: Yes. Carolyn Smith is whom we've been working with. William Din: Okay. Thank you. Dorothy Wood: Is there any other questions? Ron. Ronald Ripley: The fencing that you talked about in the corner of Hickman Arch, is that what you all were just talking about? Greg Johnson: Yes. Ronald Ripley: I think the concern that the neighbor raised about construction traffic. You know, construction of in fill lots are a problem -more difficult than construction than traffic because what happens is the subcontractors just park all over where they want to. The general is not always. They just show up and park in the middle of the road. It's amazing. I would like to see whatever barrier is going to be put up, be put up at the beginning of construction, not at the end of construction so that barrier is maintained and subcontractors stay out of that area. Item #1 Nelin Brothers Page 7 Because if I lived over in that area and I had all these trucks over there, it would drive me nuts. They're just going to find a way to park on site. Greg Johnson: In fact, at this morning's meeting with some of the residents, that issue was raised. We said that a six-foot construction fence would be best but then we run the interference of having a high fence against an existing right-of-way. We found out this morning through Carolyn Smith's help, thank you, they would allow to temporarily have a six foot fence up to that corner so it would be our intention to go ahead and have a six foot construction fence to keep that part segregated from the neighborhood. Ronald Ripley: That would be really good. Moving the dumpster and I can understand what you'r e saying. I think you could offer that would be really good if you could just have regular trash pickup on the road. Dorothy Wood: Mr. Miller. Robert Miller: A couple of things to address Greg. I really think the dumpster does need to be moved and you all need to take a look at how you can move it to another part of the site. I know there are some options there. I know they are somewhat constraining and I understand that it is not a big site but you got very little room to work with. Please look at that because I think that is something. The fencing and I'm not clear. Is the ultimate situation that we have fencing around this property? Carolyn? It's not? Right? Greg Johnson: It's not right now. Robert Miller: It's not proposed to have fence around the property? Greg Johnson: No. We were going to go with landscaping. Robert Miller: It seems like that would be a logical conclusion that we come to and that would stop any security concerns with people walking through. It would prevent any possibility of the two different uses coming together somewhere or the other. I again, just want you to consider that. The rezoning to business later on that was brought up by Mr. Hibberd and that is something that we control obviously and City Council controls it. I don't see that happening in the future. It is a tight little site, a great location. I think working with the neighbors that you end up in a very positive position. I'm in favor of the proposal and I'll make a motion when it is appropriate. Dorothy Wood: Do you want to sponsor that gentleman? Robert Miller: If he wants to come back up. Sure. Item #1 Nelin Brothers Page 8 Dorothy Wood: Thank you sir. James Hibberd: Thank you Madame Chairman and your comments Mr. Miller. Dorothy Wood: Please give your name again. James Hibberd: My name is James Hibberd. There are two things to talk to you about. Number one I wanted to let you know that I do have some people from Red Mill, and if everybody would stand up for second. Thank you very much. They have all come and helped me compile this list so I haven't done all the work by myself. The second thing that I wanted to point out is that we feel although the chain link fence across the back of the property protecting that very corner of Hickman Arch, we think that would be wonderful prior to and during all of the construction phases because it would keep anybody from being tempted to park on the other side of the property and just hop over the line there. We also feel, as a group that having a fence permanently around there would take away from the residential feel of the neighborhood, and that since if you looked at the elevations that are on this particular piece of property. They have done a nice job making it look like -a house. So it would be okay for us to look at a house. We wouldn't necessary mind not having a fence there but we would like someway of connecting those sides of this building to the existing fencing that are there to keep it from becoming a thruway, which would be a short cut for people to cut through to the commercial areas. Dorothy Wood: Thank you sir. James Hibberd: Thank you ma'am. Dorothy Wood: Bob. Robert Miller: With that, I would make a motion to approve Item #1, Nelin Brothers and I think the comments that have been said would be passed on to you all, and addressed through the conversations with the residents. Dorothy Wood: Thank you. Do I hear a second? Donald Horsley: Second. Dorothy Wood: Mr. Horsely has seconded Mr. Miller's motion. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item #1 Nelin Brothers Page 9 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of the Nelin Brothers. Dorothy Wood: Thank you all for coming. We certainly appreciate you coming down and I hope you didn't have to wait too long. Thank you. & P.C" �Z/� /?J905 Nelin Brothers proposed construction of an office building at 2122 General Booth Blvd. in a residential suburban neighborhood. Questions: - How long will the project take from start to finish - Where do you plan to have the workers park during the day? We ask that Hickman Arch is NOT to be turned into -a parking lot of cars'and equipment. We have alot of children, pets, joggers, and walkers, on this street. Don't take this away from us. We are requesting that you have respect for our neighborhood, especially for the protection and safety of our children and homes. We are a close knit neighborhood of hard working people. You cannot just move into the neighborhood and disrupt the peace and harmony that has been long established. As in any neighborhood that one moves into, you respect us and we will respect you. That's -the neighborly way. We do have some major concerns, mostly safety issues. - Will having a commercial business decrease the value of our homes? We all take pride in our homes. They are well taken care of, well landscaped and our street is clean and well maintained. We are requesting (would like to have in writing if possible) that you, as the new neighbor, will respect our wishes. Keep your site clean. After the project is complete, your building is well maintained and landscaped to compliment the rest of the neighbors homes. - NO parking of workers vehicles on Hickman Arch while construction is going on. This, mostly in part, for the protection of the kids getting on and off the school buses and playing after school. After all, you are taking away their play area. - A 9 to 12 foot fence placed around the construction site at the beginning of the project. To protect our homes from all the debris, trash and dust. As well as, to keep the workers from wandering, or loitering into our yards, throwing their trash (beer bottles, lunch bags, etc.) and using the bathroom. Our children do not need to be exposed to this! Nor do any of the residence. - In writing, a guarantee that there will not be a thru way or driveway for traffic to use Hickman Arch to access to your business. This is a huge safety concern...... - What are your plans for lighting around your building? Concern is for protection of our properties from crime, such as burglary or looting. - Will there be a security guard posted during construction? - How do you propose the access into your building from General Booth Blvd. to prevent accidents? During the summer there are twice as many accidents that happen in that particular area.(right before the light) Now with cars needing to slow down to enter a business, this may cause more problems. The proposed building is very close to the traffic light and the turn thru crossing from Strawbridge shopping center. Thank you t /r Z�� i•. 2= 9R �._..... o��2 CF OUR _ �V 0 NPS�O In Reply Refer To Our File No. DF-6096 TO: Leslie L. Lilley FROM: B. Kay Wilsoto CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 12, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Nelin Brothers, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 27, 2006. 1 have reviewed the subject proffer agreement, dated December 28, 2004 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure cc: Kathleen Hassen TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia Beach, VA THIS PROFFER AGREEMENT, made this 281h day of December, 2004 by and between NELIN BROTHERS, INC., A Virginia corporation, (contract purchaser, herein referred to as "Nelin Brothers"), Russell Lee Rainey (owner in fee simple), Grantor; and CITY OF VIRGINIA BEACH, a municipal corporation of the_ Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, Nelin Brothers has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of Nelin Brothers addressed to the Grantee, so as to rezone Grantor's property, from R-10 and R-20 to 0-1 Conditional on certain property located in the Princess Anne Borough of the City of Virginia Beach, Virginia; said property being more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor and Nelin Brothers acknowledge that in order to Prepared by: Kevin M. Brunick, Esquire Stallings & Bischoff, P.C. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757)422-4700 GPIN# 2414-18-3444 recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses allowed by the existing 0-1 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the 0-1 zoning classification are needed to cope with the situation to which the Grantor's proposed development gives rise; and WHEREAS, the Grantor and Nelin Brothers have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulation provided for in the 0-1 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and Nelin Brothers and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: The following shall be substantially adhered to, however, further conditions may be required by the Grantee during detailed site plan review and administration of applicable City codes by all cognizant City agencies and departments, including the City Arborist, to meeting all applicable city Code requirements: 1. Development on the site shall conform with that as shown on the exhibit entitled, "Proposed Office Development For General Booth Boulevard" prepared by Engineering Services, Inc., dated October 26, 2004; which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, "Site Plan") 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA", made by Covington/Hendrix Architects, dated 12/03/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for approval. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a brick base matching the brick on the exterior of the Office Building. 5. It is recognized that further conditions may be required during the application of City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. 6. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 7. The Grantor and Nelin Brothers covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. Witness the following signatures and seals. NELIN BROTHERS, INC. B �� Y• President Russell Lee Rainey COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that QaC�-' 146"k K c.Lz 1 I ,_ President of Nelin Brothers, Inc., a Virginia corporation, whose narife is signed to the foregoing instrument, ��«e►��Y«�+b�aring date on the 28"' day of December, 2004, has acknowledged the same before me in F " sdiction aforesaid and who is personally known to me. 'o10 $ Given under my hand this day of L�?Cofkn be?"L .200 ` . ...... Notary Public My commission expires:0,33d COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that Russell Lee Rainey, whose name is signed to the foregoing instrument, bearing date on the 28`" day of December, 2004, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known.to me. Given under my hand this S 6) day of.20 G. Notary Public My commission expires: t 1 Legal Description: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and known, numbered and designated as Parcel 6 as shown on that certain plat entitled, "Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, Princess Anne borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 248, at pages 24 and 25. Conditional Zoning from R5-D to B-2 7.j 4 �Y l i "eµtPA -vV� •%i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Beach Development Group, L.L.C. — Change of Zoning District Classification, Euclid Road (DISTRICT 2 — KEMPSVILLE) MEETING DATE: June 27, 2006 ■ Background: Application of Beach Development Group, L.L. C. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District on property located on the north side of Euclid Road, approximately 600 feet east of Onondaga Road (GPIN 1477229179). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes to rezone the existing R5-D Residential District property to Conditional B-2 Community Business District and to develop the site with an office building, parking and landscaping. The submitted site plan depicts a two-story building of 11,880 square feet, 49 parking spaces and associated landscaping. The proposed building is situated 35-feet from Euclid Road, 10-feet from the western side of the site, 53-feet from the eastern side of the site, and 85-feet from the rear of the site. The submitted elevations depict a modern style building of exterior insulation finish system (EIFS), brick, and glass panels. Split -faced block defines the entryways to individual units. Standing seam metal shed roofs cover second floor windows and provide architectural interest to the building. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout, and traffic control and circulation within the site. The proposed building will be modern in design and constructed of high quality building materials, complementing the adjacent business uses and residential area. The site design ensures that the proposal will be compatible with the adjacent residential neighborhood as well as the adjacent business areas. The Planning Commission placed this item on the consent agenda because it is in conformance with the Comprehensive Plan, there were no objections, and the use is an appropriate addition to this area. Beach Development Group, L.L.C. Page 2of2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Age ncy: Planning Departmen City Manager: `� rs� 1. 9/13/88 Rezoning (R-51D Residential to Conditional H-1 Hotel) Approved ZONING HISTORY BEACH DEVELOPME E R C2 = Eo 9 2- ?= aE 0.5'0 E Z 2 a 12 7i Lu=0.0 C O Ln m- W -Z 'o 0 cc rl- 2.1 all 5 m It OW =2 0 .1 Sc (OD z a= -s. 2 12 E z M7� m ,C.Q 0 f 0 m 'E E r I, im, vqm M Cl -6 > In CIL E *6 -a Cj 0 0 8-62 >,E 'o E gg, j,E 5.20 T t a- gas co. 0 0'5 oz C*u c M QQ 0 E I'm O z -Mr ct s ix O Sax r -c -o 0. NOII,V3PIddV 9NIINOZH 1dN0IZIQNO3 H R lw Lu => u) 1> A -t.. no c: V% 71 cz m tj 5 Lu Z 2 zm j to to VL w 118: 1 a 0.2 cc m cc -,.v a,g ci J oo o I -----J[ ld ] DISCLOSURE STATEMENT Item #5 Beach Development Group, L.L.C. Change of Zoning District Classification North side of Euclid Road District 2 Kempsville May 10, 2006 CONSENT Barry Knight: The next item will be the consent items. The Vice Chair will handle this portion of the agenda. Ms. Anderson. Janice Anderson: Thank you Mr. Chairman. We have six items on the consent agenda this morning. The first one is agenda item #5, Beach Development Group, L.L.C. It is for a Change of Zoning from R-513 Residential Duplex to Conditional B-2 Community Business for property located on the north side of Euclid Road, Kempsville District. Can the applicant or representative come forward? Christina -Meier: Good afternoon. Janice Anderson: Welcome Ms. Meier. Christina Meier: Thank you. Barry Knight: Please state your name. Christina Meier: I'm Christina Meier. I'm an attorney and a member of the applicant L.L.C. Janice Anderson: Yes ma'am. It is on the consent agenda with three proffers. Have you reviewed those, and are they acceptable? Christina Meier: Yes. Thank you. Janice Anderson: Thank you. Is there any opposition to this application? I would like to have Henry Livas explain this application. Henry Livas: Yes. As previously stated, this is agenda item #5 from the Beach Development Group, L.L.C. The correct request is for a Change in Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District. The proposal is to develop the site with an office building. The property is located on Euclid Road near the I-264 overpass of Independence Boulevard. The site plan depicts a two-story building of 11,880 square feet, forty-nine parking spaces, and associated landscaping. This property is located within the Strategic Growth Area 4 — Item #5 Beach Development Group, L.L.C. Page 2 West Pembroke area. The proposal is in conformance with the Comprehensive Plan. Therefore, we recommend approval of this request with the submitted proffers. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the following item for consent, item #5, Beach Development Group, L.L.C. Barry Knight: Thank you. That is a motion to approve the consent item. Do I have a second? A second by Mr. Crabtree. Is there any discussion? I'll call for the question. AYE 8 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY- AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #5 for consent. Gp OUR In Reply Refer To Our File No. DF-6454 TO: Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 12, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Beach Development Group, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 27, 2006. 1 have reviewed the subject proffer agreement, dated January 31, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT is made this 31 st day of January, 2006, by and between Amos S. DODSON and Anna G. DODSON, (collectively the "Dodsons"), the current owners of that certain property located on Euclid Road, Virginia Beach, VA and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and BEACH DEVELOPMENT GROUP; LLC, a Virginia limited liability company ("Beach") the contract purchaser of the property (hereinafter collectively referred to as the "Grantors") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee".) WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R-5D to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes in compatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the Prepared by. Christina E. Meier, P.C. 5700 Cleveland St., #330 Virginia Beach, VA 23462 GPIN: #1477 22 9179 0000 change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing zoning districts by the existing City's Zoning Ordinance (CZ)), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, 2 that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan ,building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantors shall develop the Property in substantial conformity with the conceptual site plan prepared by Ionic DeZign Studios dated January 31, 2006, and titled, Euclid Office Condominiums, Site Plan, (the "Conceptual Plan") a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 3 2. When developed, the Grantors shall develop the structures on the Property using architectural designs and building materials in substantial conformity with the elevations and plan titled "Euclid Office Condominiums, Elevations, A3.0" dated January 31, 2006, prepared by Ionic DeZign Studios, which have been exhibited to the City Council and are on file in the Department of Planning. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site pan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator an din the Department of -Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Beach, Beach shall succeed to all rights and obligations of the Dodsons under this Agreement, and the Dodsons shall have no further rights or obligations of a "Grantor" under this Agreement. IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTORS: Amos S. Dodson j Anria G. Dodson BEACH DEVELOPMENT GROUP, LLC BY 0 #ir --- Name: Kathleen P. Owens Title: Member 9 COMMONWEALTH OF VIRGINIA, CITY OF NORFOLK, to -wit: The foregoing instrument was sworn to and acknowledge before me this 31 st day of January, 2006, by Amos G. Dodson and Anna G. Dodson. Notary Public My Commission expires: 9/30/06 COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this 1 st day of February, 2006, by Kathleen P. Owens, as a member of Beach Development Group, LLC on behalf of the Company. My Commission expires: 9/30/06 i N ry Public 0 Legal Description - Exhibit A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements, thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as 1.54 Acres, as shown on that certain plat entitled "Property of Amos Dodson located near Powells Corner," which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 3; Less and except that portion taken for highway widening by the State of Virginia (see State Highway Plat Book 4, at page 135), which lot is now described by the City of Virginia Beach tax records as ".857 Acres, Kates Corner, Rowland Griffin Plat," and further identified as GPIN #1477 22 9179 0000. BEACH DEVELOPMENT GROUP, LLC Agenda Item 5 May 10, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: 4 "No Beach Development Group % 2 -264 Conditional7_onine from PS-D to 13-7 Change of Zoning District Classification from R5-D Residential District to Conditional B-2 Community Business District. ADDRESS / DESCRIPTION: Property located on the north side of Euclid Road, approximately 600 feet east of Onodaga Road GPIN: - COUNCIL ELECTION DISTRICT: SITE SIZE: 14772291790000 2 - KEMPSVILLE 0.857 acres The applicant proposes to rezone the existing R5-D SUMMARY OF REQUEST Residential District property to Conditional B-2 Community Business District and to develop the site with an office building, parking and landscaping. The submitted site plan depicts a two-story building of 11,880 square feet, 49 parking spaces and associated landscaping. The proposed building is situated 35-feet from Euclid Road, 10-feet from the western side of the site, 53-feet from the eastern side of the site, and 85-feet from the rear of the site. The submitted elevations depict a modern style building of exterior insulation finish system (EIFS), brick, and glass panels. Split -faced block defines the entryways to individual units. Standing seam metal shed roofs cover second floor windows and provide architectural interest to the building. EXISTING LAND USE: Undeveloped site LAND USE AND ZONING INFORMATION BEACH DEVELOP SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: Euclid Road East: . Fairfield Inn / Conditional H-1 Hotel West: . Expressway Center / B-2 Business NATURAL RESOURCE AND The site is treed and has heavy underbrush. There are no cultural CULTURAL FEATURES: features associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid Road in front of this site is a four -lane undivided minor urban arterial. It is not designated on the Master Transportation Plan (MTP). There is no current CIP project to upgrade this roadway at this time. There is a safety issue concerning the entrance to this site and the median design on Euclid Road. The applicant will be responsible for providing a physical barrier by extending the median west parallel to the frontage of the subject property. This will prevent vehicles headed east from driving in the westbound lane to enter the site. The applicant is aware of this issue. This requirement will be addressed during detailed site plan review. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Euclid Road 7,482 ADT 7,300 ADT Existing Land Use — 77 ADT Proposed Land Use 3- 131 ADT Average Daily Trips Zas defined by four duplex sites 3as defined by proposed office WATER: This site must connect to City water. There is an 8-inch City water main in Euclid Road fronting the site. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 466 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer gravity main leading to this site from the eastern property. SCHOOLS: School population is not affected by this request. BEACH DEVELOPM COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Strategic Growth Area 4 — West Pembroke Area. The West Pembroke Area is located between Witchduck Road, Independence Boulevard, Virginia Beach Boulevard and 1-264 (excluding the Pocahontas Village residential neighborhood). The area primarily consists of numerous, older and single -story commercial structures that occupy relatively small parcels of land on a modified grid street pattern. A few, large -size commercial buildings are also located in this area. These include the former Builders Square and FX structures. Many of these structures are either vacant or have not realized their full economic potential. This area adjoins the Pocahontas Village neighborhood. Most of the uses in this sub -area include small commercial or industrial related businesses with outdoor storage, limited parking, and few sidewalks. Proposed uses within the West Pembroke Area should include a vertical mix of mid to high-rise residential uses and a variety of compatible, higher value non-residential uses including office, retail, publicly accessible urban open space, entertainment, educational, institutional and other similar urban activities. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the submitted proffers. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, parking layout, and traffic control and circulation within the site. The proposed building will be modern in design and constructed of high quality building materials, complementing the adjacent business uses and residential area. The site design ensures that the proposal will be compatible with the adjacent residential neighborhood as well as the adjacent business areas. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Grantors shall develop the Property in substantial conformity with the conceptual site plan prepared by Ionic DeZign Studios dated January 31, 2006, and titled, Euclid Office Condominiums, Site Plan, (the "Conceptual Plan") a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the Grantors shall develop the structures on the Property using the architectural designs and building materials in substantial conformity with the elevations and plan titled "Euclid Office Condominiums, Elevations, A3.0" dated January 31, 2006, prepared by Ionic DeZign Studios, which have been exhibited to the City Council and are on file in the Department of Planning. PROFFER 3: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed site plan and / or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The proffers ensure the site will be developed in accordance with the submitted site development plan and building elevations. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEACH DEVELOPME A\!3!JIA h3NACN UEVELUF►MENI fyR[)l1F -35- Item V L.l. PLANNING ITEM # 55120 Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised the parcel is at the end of a residential street. There is no viable Agricultural use, as the property is surrounded by residential neighborhoods. City Attorney Bourdon distributed correspondence from Captain Lorge, Commanding Officer, Naval Air Station Oceana, expressing objection to the proposal. Said letter is hereby made apart of the record. Mr. Bourdon advised the plan could be revised to include a path or multipurpose trail connection to the Agricultural property to the south and the applicant will work with staff towards this goal. Daniel Wood, 2852 Saville Garden Way, Phone: 468-4269, President —Parkside Green Community Association registered in opposition Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of April 24, 2006, Ordinances upon application -of of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF RADHAKRISHNA RENUKUNTA & KAVITHI VURIMINDI FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DIST -Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 — PRINCESS ANNE The City Attorney advised the applications of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI and CELEBI and M. SELIM OZIC are the first to be considered under the AICUZ Overlay Ordinance. The City Attorney distributed Ordinances relative these applications noting compatible findings in compliance with the new Zoning Ordinance. There is no other reasonable use of the property and the applications encompass the least density. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 11, 2006 Item V.L.1. PLANNING ITEM # 55153 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, an Ordinance upon application of the Ordinance upon application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF RADHAKRISHNA RENUKUNTA & KA VITHI VURIMINDI FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL DISTRICT Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GRIN 14955126640000). DISTRICT 7 — PRINCESS ANNE Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Robert M. Dyer and James L. Wood April25, 2006 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Application of Radhakrishna Renukunta & Kavithi Vurimindi, A/K/A Kavithi Vurmindi, for a Change of Zoning District Classification, Eastern Terminus of Chestnut Oak Way (DISTRICT 7 — PRINCESS ANNE) MEETING DATE: June 27, 2006 ■ Background: An Ordinance Approving the Application of Radhakrishna Renukunta & Kavithi Vurimindi, A/K/A Kavithi Vurmindi, for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 — PRINCESS ANNE On April 11, 2006, City Council deferred this item to April 25, 2006. City Council then indefinitely deferred this item on April 25, 2006. Since that meeting, the applicant has submitted a revised proffer concerning an easement for a future trail: "The [Applicant] shall dedicate and improve a pedestrian trail easement with a width of ten feet (10') from the eastern terminus of the extension of Chestnut Oak Way, running south along the eastern boundary of Lot 3 to the southern property line of Lot V' ■ Considerations: This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the stubbed terminus of Chestnut Oak Way, which is surrounded by R-10 Residential zoning developed with single-family dwellings. Due to the size and location of the site and the natural resource constraints, the feasibility of a productive agricultural operation on the subject site is nonexistent. The applicant proposes to rezone the existing AGA zoned property to R-10 Residential District for the purpose of subdividing the property into five (5) single-family dwelling parcels. The property is located within the 70-75 dB Ldn AICUZ. Residential use is deemed to be not compatible within this AICUZ. However, the applicant has proposed a zoning district and plan, which, in Staffs opinion, can meet the intent of the recently adopted Zoning Ordinance revisions that require all rezoning requests in the AICUZ greater than 70 dB Ldn to be the least intense and dense that is reasonable based on surrounding zoning and land use. Specifically, Radhakrishna Renukunta & Kavithi Vurimindi Page 2 of 2 Section 1804 states that no application shall be approved by the City Council if the proposed use is not designated as compatible under Table 1 "unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property." It goes on to say that in such cases, the City Council may only approve the proposed use of the property at the least density or intensity of development that is reasonable." It is Staffs opinion that the R-10 Residential District passes this test. Rezoning this infill site to commercial, office or otherwise would not follow sound planning principles, as R-10 zoning is immediately adjacent, yielding approximately 3 units to developable acre. Staff believes this is the most appropriate and least dense zoning that makes sense. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to approve this request, as proffered. Should the City Council approve this rezoning request, the City Council must also find that "no reasonable use designated as compatible under the applicable table or tables can be made of the property," as specified by Section 1804. The attached ordinance notes the City Council's findings regarding this application. The City Council's approval of this rezoning must include the adoption of the ordinance. ■ Attachments: Staff Review Disclosure Statement Ordinance Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval of the ordinance approving the change of zoning. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department 1 f City Manager: `(, •Nt-'e7k RADHAKRISHNA RENUKUNTA & KAVITHI VURIMINDI Agenda Item # 10 March 8, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District for five (5) single-family parcels. ADDRESS / DESCRIPTION: Property located at the eastern terminus of Chestnut Oak Way. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14955126640000 7 — PRINCESS ANNE 2.418 acres APPLICATION HISTORY: This application was deferred at the February 8 public hearing to provide the applicant time to revise the proposed plan. SUMMARY OF REQUEST The applicant proposes to rezone the existing AG-2 property to R-10 Residential District and subdivide the property into five (5) single-family dwelling parcels. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped, wooded, vacant site. SURROUNDING LAND North: . Open space, single-family dwellings / P-1 Preservation District, USE AND ZONING: PD-111 District South: . Undeveloped property / AG-1 Agricultural District East: . Open space / P-1 Preservation District West: 0 Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The majority of the site is wooded and is located in the Southern CULTURAL FEATURES: Watersheds Management Area. The Southern Watersheds Management Area 50 foot buffer impacts portions of the site. No land disturbance is permitted within this buffer area. In addition, a portion of the site is located within the 100-year Floodplain Subject to Special Restrictions (Section 5.56 of the Site Plan Ordinance). It appears that an administrative variance to the Floodplain Ordinance will be required in order to construct homes on lots 1 and possibly 4. The administrative variance process permits up to five (5) percent of the floodplain located on the total site to be altered provided a 1:1 mitigation is provided on site. AICUZ: The site is in an AICUZ of less than 70 to 75 dB Ldn surrounding NAS Oceana. See the Evaluation section of this report for discussion. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Chestnut Oak Way is a two lane residential subdivision street that connects with Holland Road. Traffic Engineering has no traffic count data for Chestnut Oak Way, but based upon the number of homes on Chestnut Oak Way and the streets within the subdivision that connect with Chestnut Oak Way, the daily traffic volume on Chestnut Oak Way is estimated at 400 vehicles per day. Holland Road in the vicinity of this application is a two-lane minor suburban arterial. Improvements to provide for a four lane divided facility on a 100 foot right-of-way on this section of Holland Road are planned with CIP Project 2-158. This project is scheduled to begin construction in the spring of 2008. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Chestnut Oak No Data No Data Available Existing Land Use — 20 Way Available (estimated at 400 ADT) ADT Proposed Land Use 3— Holland Road 17,266 ADT' 16,200 ADT' (Level of 50 ADT Service E"" ' Average Daily Trips s as defined by typical AG uses 3 as defined by five dwellings WATER: This site must connect to City water. There is an 8 inch City water main in Chestnut Oak Drive that terminates at the edge of the property. SEWER: City sanitary sewer service is available. Sanitary sewer and pump station analysis for pump station 571 is required to determine if flows can be accommodated. There is an 8 inch sanitary sewer main adjacent to the northern half of the site. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Christopher Farms 748 780 1.8 2 Elementary Landstown Middle 1602 1563 1 1 Kellam High 2410- 1839 1.4 1 "generation" represents the number of students that the development will add to the school 2 ,change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). ' School Board has approved redistricting that will lower Kellam's membership by more than-500 students. The Comprehensive Plan identifies this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The Plan states that the Primary Residential Area strongly focuses on preserving and protecting the overall character, economic values and aesthetic quality of the stable neighborhoods located in this area. Staff is supportive of the proposal EVALUATION AND RECOMMENDATION as submitted and recommends approval as proffered. This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the terminus of an existing street, presently developed with single-family dwellings on both sides and zoned R-10 Residential District. Due to the size and location of the site and the natural resource constraints, the feasibility of a productive agricultural operation is nonexistent. The property is located within the 70-75 dB Ldn AICUZ. Residential use is deemed to be not compatible within this AICUZ. However, the applicant has proposed a zoning district and plan, which, in Staff's opinion, can meet the intent of the recently adopted Zoning Ordinance revisions that require all rezoning requests in the AICUZ greater than 70 dB Ldn to be the least intense and dense that is reasonable based on surrounding zoning and land use. Specifically, Section 1804 states that no application shall be approved by the City Council if the proposed use is not designated as compatible under Table 1 "unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property." It goes on to say that in such cases, the City Council may only approve the proposed use of the property at the least density or intensity of development that is reasonable." It is Staff's opinion that the R-10 Residential District passes this test. Rezoning this infill site to commercial, office or otherwise would not follow sound planning principles, as R-10 zoning is immediately adjacent, yielding approximately 3 units to developable acre. Staff believes this is the most appropriate and least dense zoning that makes sense. The existing environmental features on the site present some development limitations. The site is encumbered by both the floodplain and the Southern Watersheds Management Area 50 foot buffer. No land disturbance is permitted within the 50 foot wide buffer. In addition, a portion of the site (32,994 square feet) is located within the Floodplain Subject to Special Restriction (Section 5.513 of the Site Plan Ordinance). It appears that five (5) single-family lots are the most that can be accommodated on this 2.418 acre site without either 1) the granting of a Floodplain Variance or 2) an unconventional configuration of lots. Staff is supportive the request to rezone the property to R-10 Residential District as proffered by the applicant. Staff firmly believes that the proper number of lots for the proposed subdivision is five (5) based on the natural resource constraints of the site. This number is further reinforced by the need for the density of the development to be the lowest reasonable based on its location within the 70-75 dB AICUZ. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed it shall be subdivided into no more than five (5) residential building lots, substantially as depicted on the "PRELIMINARY SUBDIVISION OF CHESTNUT OAK," dated January 15, 2006, and prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: Each of the lots shall be developed with a single family residential dwelling containing no less than 2300 square feet of enclosed living area. The homes shall be substantially in conformity with one of the three front elevations designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK" (Elevations") which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. STAFF COMMENTS: The proffers listed above are acceptable as the permit up to five (5) lots on the site and, due to environmental constraints and the location of the site within the 70-75 dB AICUZ, Staff's position is that this site should be developed with five (5) lots. The City Attorney's Office has reviewed the proffer agreement dated January 15, 2006, and found it to be legally sufficient and in acceptable legal form. RENUKUNTA & VURMINDI AgendaItem,#,-10 Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. I a �7� � } �±® M' r N NUNN MUNN MEMO �orns�a�s�i m�npd ' ■� �� mown NINE,... ��..�. OMEN noun .... Ml � NUNN ■UNN ..m MIN!. ■�� ■UNN Map 111 ID-d7L—i,—:�L_,... P-2 v.. ..r _ rr- . ,00 ; I ,y c ai _ twwsffr&" l 431616u Avvfsulc"Mu V AX"ML[lsL Y 7L7 L!/li1LLLL i � ✓� ' day., `�'�� Y"1 , '-=r } j" i.....T,. � I .y ,; a � f'.. j 5� (141 l <V- r -E--. �`^y4 AG- Conditional Zoning Change: from AG-2 to `R 10 1 12/10/91 CHANGE OF ZONING (PD-H2 with R-5D Granted overlay to P-1 2 09/08/98 CHANGE OF ZONING (AG- 1 & 2 to Granted Conditional R-10 3 03/09/99 SUBDIVISION VARIANCE Granted 4 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-10 5 05/13/03 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-5D 6 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted Conditional R-10 7 10/22/84 CHANGE OF ZONING (R-8 to PD-H2 with R- Granted 5D overlay) 8 11/02/87 CHANGE OF ZONING AG-1 to R-6 Granted DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH. VIRGIN}A 234M2191 Ms. Carolyn A. K, Smith Municipal Center Department of Planning 2405 Courthouse Drive, Building 2 Virginia Beach, VA 23456-9040 Dear Ms. Smith: IN Ae' t.Y REF-R TO: 5726 Ser 33/058 January 26, 2006 Thank you for the opportunity to comment on the Conditional Rezoning Application, AG-1 to R-10, by Radhakrishna Renukunta/Kavithi Vurimindi. Chestnut Oak, a proposed six single-family home subdivision, is located in the 70-75 decibel (dB) day -night average noise zone. This site lies within the Air Installations Compatible Use Zones (AICUZ) Overlay District, established by the City of Virginia Beach, which contemplates compatible uses with Naval Air Station Oceana, The Navy's AICUZ Program states that residential land use is generally incompatible and strongly discouraged in this zone. if the city determines that this use must be allowed and there are no other viable alternatives, the Navy recommends a noise level reduction of at least 30 dB be incorporated into the design and construction and full disclosure of single -event noise levels at contract signing. It is also recommended that responsible agents representing this property contact my Community Planning Liaison Officer, Mr. Ray Firenze, should they have questions regarding the Navy's AICUZ Program, or the potential impacts from air operations on this property. Mr. Firenze may be reached at (757) 433-3158. Copy to: C'JMNAVREG MIDLANT ( 0 0IN02B ) LANTDIV Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Sincerely, t n, S. Navy Commanding Officer x RENUKUNTA & VURMINDI Agenda Item.10 Page 12 r ;z c w c -D c ol m 0 to 17, 1-- w Ln 0 c 5.9 Z` o N . ZEE rc, 0, vo .—,S8 o E -6 z- Eli; co LU a E-5 cc w coo m 2� o LLo mo m m v ot o Q 0 E X o E 5� z -j I oE m 2 > M CD E 8, Oyfl r- a -Z "ou 0 o ymj z cam cL 0 2 1 2 o ID c o lo E 4r, c. u 11 41 vx 056 E E —,,G= fd > I's O =o es SL e 6 Ziy ,v Z Q'vi 9 r a w or_ ol m 's a r- 1� E 4) 5 >2 cL o E u w E EL Cf Q 0 0,0 Cv m 0 S r ri cai 0 E -2 0C m a o a 1 0 Oc =0 CL 06. 0 gn 10 uj r 4E ul A 0 WS 10 m c. . o N 79 eLl C. E of itz IF -:E; .2 t:E s; ,2 c o u Z. X.,4 La w I 4z- gzt 0 cc EQ-- Lou t m < .2'5 0 o > ao ju o m a fu Q2 m Q 8.pEp3 c w w C c m cFm cc one 2.2 cc t: Q -oo w c -6.2 SL Qa .2 12 2 Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Change of Zoning District Classification Eastern terminus of Chestnut Oak Way District 7 Princess Anne March 8, 2006 REGULAR Barry Knight: Mr. .Secretary, the next item to be heard. Joseph Strange: The next item is Item #10 Radhakrishna Renukunta & Kavithi Vurimindi. An Ordinance upon Application for a Change of Zoning District Classification from AG-1 Agricultural District to Conditional R-10 Residential District located on property located at the eastern terminus of Chestnut Oak Way, District 7, Princess Anne, with two proffers. Barry Knight: Thank you. Will the applicant or representative of the applicant please come forward? Welcome sir. Please state your name for the record. Radhakrishna Renukunta: I'm Radhakrishna Renukunta. I'm the owner. Good afternoon. Barry Knight: Go ahead and proceed and tell us about your application. Radhakrishna Renukunta: We are trying for approval for a rezoning for a residential use. The land is about 21/2 acres in size. We wish to build five homes. We worked with the Planning staff to come up with what was the best use for the site and we have taken their recommendation. Barry Knight: Thank you. Are there any questions? Mr. Ripley. Ronald Ripley: Just a comment. I appreciate you working with the Planning staff. The previous plan had another lot on there. You look like you reduced it. It looks like a better plan at this point. We appreciate you doing that. Radhakrishna Renukunta: Thank you. Barry Knight: Mr. Crabtree. Eugene Crabtree: Did you ever actually look at any other use for this property? You said that through Planning Department you determined this is the best use. Have you absolutely looked for any other use of this property? Radhakrishna Renukunta: Well, the little homework that I did was I spoke with the Homeowners' Association President and he had a briefing during their Homeowners' Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 2 meeting. One of my personal interests on the project was that we wanted to build a home for ourselves, my family. So, that is the idea when we started this project. After speaking with City planners, we were informed that there was a possibility to subdivide that lot and add more homes. Eugene Crabtree: So you really didn't look at any industrial uses or anything other than that on the property even though it has been determined that residential is best use for it. Radhakrishna Renukunta: Right. We're not really taking another path because the neighborhood was happy with homes being added. So, we didn't have a chance to really pursue any other approach. Eugene Crabtree: Are you aware that this is in the decibel zone between 70 & 75, which the BRAC Commission has recommended that we do not increase the density and that we do not build anything residential in this zone? Radhakrishna Renukunta: Yes sir. Eugene Crabtree: And it is still under study. The Inspector General has not given his decision on these things considering BRAC as of yet. Radhakrishna Renukunta: Well, in light of all the ongoing things, as I said, we worked with the City Planning staff to basically come up with a solution or recommendation, and that is what we have followed. Barry Knight: Are there any other questions? Thank you sir. Radhakrishna Renukunta: Thank you. Joseph Strange: Our first speaker in opposition is Michael Carey. Barry Knight: Welcome sir. Please state your name for the record. Michael Carey: My name is Mike Carey. I'm a resident of Chestnut Oak Way. I reside with my family at 2929 Chestnut Oak Way. Myself, as well as many of my neighbors at that end of the street have many concerns about this application. One, the noise level and working with the Navy. First of all, the density issues. Secondly, we are an established neighborhood. We do not know there is an immediate need for extra houses in our neighborhood. We purchased our house five years ago new. When we trusted our builder with remarks that he made that one it was a dead end street, two we were in the Kellam High School District, and neither of which we are true at this point. So we have concerns about the added density, and the extra traffic that will bring our quiet street at this point. Barry Knight: Thank you. Are there any questions? Ms. Wood. Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 3 Dorothy Wood: Mr. Crabtree mentioned industrial. I don't think you would be happy having an industrial use at the end of your neighborhood either. Would you? Michael Carey: No. We would not. In a perfect world, we would like to see it remain undeveloped at this point. We were told it was a bird sanctuary and a preserve. We trusted the builder with that when we bought the house. Dorothy Wood: He told you that he owned it? Michael Carey: I don't recall that he said he owned it. No. Again, we don't feel like there is a need for these extra houses, the extra traffic, problems that the construction traffic will bring. We all have small children in the area. Those are the reason that I oppose. Barry Knight: Are there any other questions for Mr. Carey? Thank you. Joseph Strange: Okay. The second speaker in opposition is Ashlee Morgan. Barry Knight: Welcome.. Please state your name for the record. Ashlee Morgan: Hi. I hope you can hear me. I'm so tiny. Good afternoon Mr. Knight. Good afternoon Commissioners. Ed Weeden: Ma'am, identify yourself for the record. Ashlee Morgan: Oh, I'm sorry, I'm Ashlee Morgan. I'm a realtor here locally so I'm very familiar with the housing market. Of course, I'm also one of the newer neighbors to the neighborhood. I was also told that area could not be developed. We were very excited that it was going to remain a short dead end street with not a lot of homes. I think there are a few items that I would like the Commission to consider before they make a judgment on the rezoning of this property. Number one, I am sure you are aware of the Holland Road in the City, as far as the traffic that is down there. And, I know there are future plans to have that road expanded and widened but there is nothing firm yet. There have been no land acquisitions. No nothing. So, I wonder added traffic, more teenagers, more people going to and from if that is really necessary for five houses and the value, and the tax dollars, and the tax revenue that these homes will bring. The other issue that I have is the wetland issues. As you can see, part of this is in the flood zone that also encroaches on the Wetlands. And that is something to take into consideration. We can't continue to build and add these zonings on to our Wetlands and think they are going to be protected and preserved for the future because they will not. I see also in the proffer of your staff, they have a minimum square footage of 2,300 square feet for each home, however there is no maximum. I think some of the larger homes in our neighborhood are under 3,000 square feet. I think the largest are right around 2,800 square feet, so of course, I also worry that we're going to have these big box homes at the end of our street Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 4 that don't necessarily fit into the layout of the rest of our neighborhood. They are also building a neighborhood across the street from us. They are also building a neighborhood of at least 30 homes. So, I just think with the BRAC Commission, what they're doing and they're recommending building. At a certain point we have to start listening to them and honoring their recommendations. Thank you for your time. Barry Knight: Thank you. Are there any questions? Ms. Morgan, please come back. Ms. Wood has a question for you. Dorothy Wood: Since you're in real estate, what you like to see him do with his land? Ashlee Morgan: I understand that he wants to live in our neighborhood. Obviously, I wanted to live there too. There is a house for sale in the neighborhood that he could buy actually. Dorothy Wood: I mean, what do you expect him to do with this land? Ashlee Morgan: Ideally, it would be great to see him sell it to the City and have them put a park there because we have no park. In a perfect world, I could do whatever. We don't have a neighborhood park. So that would be nice. Dorothy Wood: Again, I was getting back to what Mr. Crabtree said that for other reasons you would not want industrial there. Would you rather have houses? Ashlee Morgan: Oh no. Even one house would be sufficient versus increasing the density even higher. Dorothy Wood: Thank you. Ashlee Morgan: One house would be sufficient and he could live there and have his home if he wants to be part of our neighborhood. Dorothy Wood: Thank you. Barry Knight: Mr. Ripley. Ronald Ripley: Did you look at the application on Page 8, 9 & 10 that had elevations of proposed homes? Are they not in keeping with your neighborhood or do they not even look like nice homes to you or not? Ashlee Morgan: They look like fairly reasonable homes. I have seen this builder's homes before and obviously my concern is that they're not completely. We have no all brick homes in our neighborhood now, in our subdivision. The home that he would like to build for himself, and I don't know and I haven't spoken with RK himself, but I was told was also an all brick home, which wouldn't fit into our mostly vinyl sided neighborhood. I worry, there again about the square footage. The proffer has a minimum of 2,300 square Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 5 feet but no maximum. And so there again, I worry that he is going to put a 3,200 square foot house, get set back there, and be able to build this box home on this small portion of land per each lot size. Ronald Ripley: Were you concerned about the size of the home or the value of the home? Ashlee Morgan: Of course I love house value to rise all the time. I have no problem with the house values. I have concerns with the density, the Wetland issues for him to build the houses, the BRAC Commission, and also the size of the homes he is going to build. Those are my main concerns. Ronald Ripley: Thank you. Ashlee Morgan: Thank you for your time. Barry Knight: Mr. Strange. Joseph Strange: What is the size of the lot that you live on? Ashlee Morgan: We live on a 10,000 square foot lot. So the lot size is the same but the square footage of each home is smaller. Joseph Strange: Okay. Thank you. Ashlee Morgan: Thank you. Barry Knight: Are there any other questions? Thank you Ms. Morgan. Ashlee Morgan: Thank you. Barry Knight: Mr. Strange. Joseph Strange: The next speaker is Cody Oubre. Barry Knight: Welcome sir. Please state your name for the record. Cody Oubre: Good afternoon. My name is Cody Oubre. I am a resident of 2941 Chestnut Oak Way, Virginia Beach. I have lived in this subdivision. I purchased one of the first homes built in this subdivision in October 2000. I am a member of the Greenwood Home Association, and I question the accuracy of the statement that we're pleased with that. I know that I am a member of it and my wife is a member of it. I am not pleased with adding homes to this subdivision. We purchased this house in October 2000 on the basis that we had surrounding agriculture preservation districts, small neighborhood in control and put us in the desired school districts. Our subdivision has many young kids, which has created the issue of danger to the young kids in our Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 6 neighborhood. The school district recently indicated that the Landstown Middle School, which we are districting for is overcrowded combining that with the fact that there is 30 home subdivision right across the street being built, adding more people, more houses, more traffic. I don't think that is in the best interest of our neighborhood. We would ask that the Planning Commission not approve this application. Barry Knight: Thank you sir. Ronald Ripley: You know, when I looked at this piece of land, this road terminates at the end of the street where others have cul-de-sacs, which is typically the planning. When everybody bought it and everyone is reporting that nothing would happen back there, did that seem suspicious to you? It looks like to me that typically when -a project is planned out unless it cul-de-sacs, the road is just terminated at the end and it is intended to be extended typically. That seems what is envisioned here. Did nobody consider that when you purchased? Cody Oubre: I'm not an expert in the field. I'm a common ordinary citizen. I relied upon the facts that were presented to me by other people who may not have known the facts. But I had no other course and couldn't afford to hire an attorney just to investigate that issue. I relied on the facts. I understand that there are some public right-of-ways or easements back in that area as well. I relied on the information that I could obtain. Ronald Ripley: Thank you. Barry Knight: Are there any other questions? Thank you sir. Is that all the speakers? Joseph Strange: Those are all the speakers. Barry Knight: Okay. Would the applicant like to readdress some of the oppositions concerns? Welcome sir. Reinstate your name. Radhakrishna Renukunta: Again, Radhakrishna Renukunta, the owner. All I could say as if under a year, we will be the first ones to move in when we start building. If anything happens we will be the one closest to the side as far as any serious service dangerous to the kids. I, myself have two children, six and six months old. The other concern regarding 2,300 square feet, one of the proffers, the homes are going to be in the range of 2,800 — 3,000 square feet. And, one of the persons of the Homeowners' Association was not happy, I don't know. I've been in touch with the President. The feedback that I got was from him. So, I never acted at their meetings but I did pass on the information that I had access to the play out and whatever went on. At the city deferrals and whatever the progress was he was notified often. I think, again everybody is familiar with this. Planning has done their homework. We're working with Public Works, Utilities, and they have all determined. They have their recommendation as part of their review. I would ask the Commission to consider all those facts, and make a determination. Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 7 Barry Knight: Hold on a second. Ms. Katsias has a question. Kathy Katsias: Do you own the property currently or are you just a contract buyer for one of the homes? Radhakrishna Renukunta: That is my property. I own it. Kathy Katsias: So, you're building the five houses that are going to be for sale? Radhakrishna Renukunta: The present plan that I have is just to build one home. When we talked with the City Planners, the ideal approach was to get it rezoned with a layout and then occupy one lot rather than building a home, which you were not supposed to build there. The setback has to be so much and those issues. So, we wanted to have a clear plan for the land before we did anything. Kathy Katsias: So right now the plans are to just building one house with the possibility of building four more. Radhakrishna Renukunta: Right. We're positioning our house so we don't disturb the other layout. Kathy Katsias: Thank you. Radhakrishna Renukunta: Thank you. Barry Knight: Mr. Crabtree has a question for you. Radhakrishna Renukunta: Sure. Eugene Crabtree: Okay. I have a question for you. In lieu of the pending things with the Inspector General's report and all of that I have eluded to earlier, would it be an imposition on you if you had to wait until that report became public before any action was taken? Do you plan to build so soon that it would be an imposition to you? Radhakrishna Renukunta: Sir. We have been postponing this so long and we want to get started as soon as possible. Even my attorney, Mr. Bourdon is on vacation, and I took this effort to come in front of you. Eugene Crabtree: Do you think it would be an imposition if this was delayed to a later date when we had more information on what's happening within that area as far our report from BRAC and the Inspector General's decision? Radhakrishna Renukunta: Well, if your asking my opinion, I would be happy to progress with this project. The sooner. The better. Item # 10 Radhakrishna Renukunta & Kavithi Vurimindi Page 8 Eugene Crabtree: Thank you. Barry Knight: Any other questions? Ms. Wood. Dorothy Wood: I would like to make a motion we approve it. Barry Knight: Okay. Are there any other questions? Thank you. Radhakrishna Renukunta: Thank you all. Barry Knight: We have a motion on the floor by Dot Wood to approve. Do I have a second? A second by Kathy Katsias. I open it up for discussion. Mr. Crabtree. Eugene Crabtree: I'm going on the record as I have stated before that because of the pending report and not knowing what the results are going to be, I'll have to vote "NAY" on this project at this time. Barry Knight: Okay. Is there any other discussion? Mr. Bernas Jay Bernas: I just have a question for staff. If you look at the aerial and I had the same question that Ron had is that you have three streets that terminate into this AG property. Was there a master plan or something where all these streets would connect? Because Ron said it is not typical that these streets would terminate without a cul-de-sac. Was there some sort of long-range plan that they would connect in the future? Robert Scott: The responsibility of the Planning Commission and City Council was to assign a reasonable zoning category to every piece of property. AG is not reasonably zoning category because it is not agricultural land. No one can farm piece of property that small or that remote for the rest of the agricultural community.. There needs to be a rezoning to something. It was anticipated that this property, some day and I think its true of some of the other vacant land in the area would develop as the rest of the Holland Road Corridor developed. And that a street terminating at its boundary that would provide the method of getting in and out in a reasonable orderly fashion. So that is why the street was stubbed out there because there was an anticipation of the properties that would some day get rezoned. All would be treated by the same rules developing the density and so forth. Barry Knight: Any other discussion? Mr. Ripley. Ronald Ripley: And I think also it would be inappropriate not to consider that it be in the same zone as the property adjacent to it if you were to go with a larger zoning ordinance it would promote a bigger house. I've never heard anybody come in and be opposed the houses being too big. That is new to me. I think I understand what the lady was saying having too big a house in the neighborhood would maybe look different. That is valid I Item #10 Radhakrishna Renukunta & Kavithi Vurimindi Page 9 think. So instead of going to the R-10 and we went to a R-20, that would promote a bigger house and you would get less lots but you could build a bigger house probably right on that. So it seems like the appropriate zoning to me. I think the test that we're charged with is to determine if there is no other feasible use of it. We certainly don't want to put nay kind of business use back there. It wouldn't make any sense so I think it is the best alternative. Barry Knight: Thank you. Mr. Livas. Henry Livas: I would agree that there is no other alternative use. I was thinking along those same lines. He has been cooperative and has reduced it from six down to five so that treats the density a little bit. So, I would be inclined to approve it. Barry Knight: Thank you. Is there any other discussion? There is a motion on the floor to approve. The first was made by Ms. Wood and seconded by Ms. Katsias. I'll call for the question. AYE 9 NAY 1 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE NAY HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-1, the application of Radhakrishna Renukunta and Kavithi Vurimindi has been approved. Barry Knight: Thank you. BF,q� U �UF OUR NPt ��Nal In Reply Refer To Our File No. DF-6233 TO: Leslie L. Lilley FROM: B. Kay Wilson*' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 19, -2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Radhakrishna Renukunta and Kavitha Vurimindi a/k/a Kavithi Vurimindi The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 27, 2006. 1 have reviewed the subject proffer agreement, dated January 15, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI VURIMINDI, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of January, 2006, by and between RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI VURIMINDI, husband and wife, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.418 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional R-10 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; land GPIN: 1495-51-2696 PREPARED BY: M SYKES, BOUPDON, M Aum & LEVY. P.C. 1 PREPARED BY: SYKES, BOURDON, ERN & LEVY. P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-10 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and, agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into no more than five (5) residential building lots, substantially as depicted on the "PRELIMINARY SUBDIVISION OF CHESTNUT OAK", dated January 15, 2006, and prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2 PREPARED BY: 10,(H SYKES, ROURDON. Nil ARERN & LEVY. P.C. 2. Each of the lots shall be developed with a single family residential dwelling containing no less than 2300 square feet of enclosed living area. The homes shall be substantially in conformity with one of the three (3) front elevations designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK" ("Elevations") which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The Grantor shall dedicate and improve a pedestrian trail easement with a width of ten feet (10') from the eastern terminus of the extension of Chestnut Oak Way, running south along the eastern .boundary of Lot 3 to the southern property line of Lot 3. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 PREPARED BY: 10M SYKES. ROUR ON. 6N A ERN & LEVY. R.C. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for ,public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. El PREPARED BY: M SYKES. BOURDON. UM A1IERN & LEVY. P.C. WITNESS the following signatures and seals: GRANTOR: v Zl_ ., (SEAL) Radhakrishna Renukunta (SEAL) Kavitha Vurimindi STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this loth day of January, 2006, by Radhakrishna Renukunta and Kavitha Vurimindi a/k/a Kavithi Vurimindi, husband and wife, Grantors. My Commission Expires: August 31, 2006 Notary Public 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as "PARCEL B" as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A, SUBDIVISION OF PROPERTY OF AMERICA WILSON ESTATE, AND LUCINDA HASKINS 2 ACRES, VIRGINIA BEACH, VIRGINIA", dated November 7, 2005 (rev. 12-30-05), prepared by Rouse-Sirine Associates, Ltd., which said plat is recorded in the aforesaid Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 20060104000020570. GPIN: 1495-51-2696 C onditionalRezone / Renukunta/ Proffer3 Rev. 1 /25/06 PREPARED BY: MSYKES, ROURDON, AHERN & LEVY. P.C. re 1 AN ORDINANCE APPROVING THE APPLICATION OF 2 RADHAKRISHNA RENUKUNTA AND KAVITHA 3 VURIMINDI, A/K/A KAVITHI VURIMINDI, FOR A 4 CHANGE OF ZONING DISTRICT CLASSIFICATION 5 FROM AG-1 AGRICULTURAL DISTRICT TO 6 CONDITIONAL R-10 RESIDENTIAL DISTRICT ON 7 PROPERTY LOCATED AT THE EASTERN TERMINUS OF 8 CHESTNUT OAK WAY (GPIN 14955126640000) 9 10 WHEREAS, Radhakrishna Renukunta And Kavitha Vurimindi, 11 a/k/a/ Kavithi Vurimindi (hereinafter the "Applicants") have 12 made application to the City Council for a change of zoning 13 district classification from AG-1 Agricultural District to 14 Conditional R-10 Residential District (hereinafter the 15 "Application") on 2.4 acres of property located at the eastern 16 terminus -of Chestnut Oak Way (GPIN 14955126640000), in the 17 Princess Anne District (hereinafter the "Property"); and 18 WHEREAS, the application contemplates the development of 19 five (5) single-family dwellings on the Property; and 20 WHEREAS, the Property is located within the 70-75 dB DNL 21 Noise Zone; and 22 WHEREAS, pursuant to Section 1804 of the City Zoning 23 Ordinance, it is the policy of the City Council that no 24, application for a change of zoning of property within the 70-75 25 dB DNL Noise Zone shall be approved unless the uses and 26 structures contemplated by the application are designated as 27 "Compatible" under Table 1 of City Zoning Ordinance Section 28 1804(b), unless the City Council finds that no reasonable use 29 designated as "Compatible" can be made of the property, and that 30 in such cases, the City Council shall approve the proposed use 31 at the least density or intensity that is reasonable; 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 That the City Council hereby finds that: 35 1. No reasonable use designated as "Compatible" under 36 Table 1 of City Zoning Ordinance Section 1804(b) can 37 be made of the Property; and 38 2. The proposed density of development contemplated by 39 the Application, to -wit: five (5) dwelling units on 40 2.4 acres of land, is the lowest density that is 41 reasonable under the facts and circumstances of the 42 application. 43 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 That the Application is hereby approved, subject to the 46 terms and conditions set forth in the Conditional Zoning 47 Agreement dated January 15, 2006, which Agreement was exhibited 48 to the City Council this date. 49 50 Adopted by the Council of the City of Virginia Beach on the 51 day of June, 2006. 2 CA-9978 OID\Ordres\Renukuntordin.doc R-2 April 11, 2006 APPROVED AS TO CONTENT: 6 4'u -4 r� Planning_ Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office if l,Z-� ZY1 l4� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Directing the Planning Commission to Study Means of Regulating Bars and Nightclubs, Including Requiring Conditional Use Permits for Such Establishments, and to Transmit to the City Council Recommended Amendments to the City Zoning Ordinance Concerning Such Regulation MEETING DATE: June 27, 2006 ■ Background: The Planning Commission has the authority to study zoning issues and make recommendations to the City Council concerning potential amendments to the City Zoning Ordinance. One such issue is the regulation of bars and nightclubs within the Resort Area and the remainder of the City. ■ Considerations: The Resolution directs the Planning Commission to study means of regulating of bars and nightclubs within the City of Virginia Beach, and to transmit to the City Council recommended amendments to the City Zoning Ordinance concerning such regulation. ■ Public Information: No special form of advertisement or public notice is required for the Resolution; the Planning Commission's and City Council's public hearings on any proposed zoning amendments, however, will be advertised in accordance with the statutes governing zoning matters. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution. Recommended Action: Adoption of Resolution Submitting Department/Agency: Planning Department City Manager: 1 A RESOLUTION DIRECTING THE PLANNING COMMISSION 2 TO STUDY MEANS OF REGULATING BARS AND 3 NIGHTCLUBS, INCLUDING REQUIRING CONDITIONAL USE 4 PERMITS FOR SUCH ESTABLISHMENTS, AND TO 5 TRANSMIT TO THE CITY COUNCIL RECOMMENDED 6 AMENDMENTS TO THE CITY ZONING ORDINANCE 7 CONCERNING SUCH REGULATION 8 9 10 WHEREAS, the public necessity, convenience, general welfare and 11 good zoning practice so require; 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 That the Planning Commission is hereby directed to study means 15 of regulating of bars and nightclubs within the City of Virginia 16 Beach, and to transmit to the City Council recommended amendments to 17 the City -Zoning Ordinance concerning such regulation. Such study 18 shall include consideration of: 19 1. A definition of the use "bar or nightclub" that 20 appropriately distinguishes such use from other eating 21 and drinking establishments; 22 2. The classification of bars and nightclubs as a 23 conditional use in the RT-1, RT-2 and RT-3 Resort Tourist 24 Districts and in such other zoning districts as may be 25 appropriate; 26 3. Appropriate means of enforcing zoning regulations 27 pertaining to bars and nightclubs; 1 28 4. Provisions concerning eating and drinking establishments 29 rendered nonconforming by the adoption of the 30 contemplated City Zoning Ordinance amendments; and 31 S. Such other and further potential City Zoning Ordinance 32 amendments as the Planning Commission may deem advisable. 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 That the Planning Commission be, and hereby is, directed to 36 complete its study and transmit to the City Council its 37 recommendations no later than sixty (60) days after the date of 38 adoption of this Resolution. 39 COMMENT 4 0 The Resolution directs the Planning Commission to study the regulation of bars and nightclubs 41 within the City and to recommend amendments to the City Zoning Ordinance such establishments. The 42 study is to include consideration of, 43 44 1. The definition of "bar or nightclub"; 45 46 2. Classification of bars and nightclubs as a conditional use; 47 48 3. Enforcement of the regulations pertaining to bars and nightclubs; 49 so 4. Nonconforming establishments; and 51 52 5. Other potential CZO amendments. 53 54 The Resolution also directs the Planning Commission to transmit to the City Council its 55 , recommendation concerning the proposed amendments within 60 days of the date of adoption of the 56 Resolution. 57 58 Adopted by the City Council of the City of Virginia Beach, 59 Virginia, on the day of , 2006. 2 APPROVED AS TO LEGAL SUFFICIENCY: Cit ttorney's Office CA-10076 OID\land use\codechanges\barsreferralRES R-1 June 22, 2006 N. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS BUILDING CODE OF APPEALS — New Construction EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS O. UNFINISHED BUSINESS P. NEW BUSINESS 1. ABSTRACT OF SENATE PRIMARY ELECTION VOTES — June 13, 2006 Q. ADJOURNMENT -ABSTRACT OF VOTES cast in the CITY OF VIRGINIA BEACH Virginia, at the June 13, 2006 Democratic Primary Election, for: MEMBER UNITED STATES SENATE TOTAL VoTEs NAMES OF CANDIDATES AS SHOWN ON BALLOT RECEIVED 04 FIGURES) HARRIS N. MILLER ..................................... 31653 JAMES H. "JIM" WEBB, JR.............................. 3,937 Total Number Of Overvotes For Office ................... U We, the undersigned Electoral Board, upon examination of the ofcial records deposited with the Cleric of the Circuit Court of the election held on June 13, 2006, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Memberof the Senate in the Congress of the United States. Given under our hands this 15th day of June, 2006. A copy test&: Electoral Board Seal Secretary, Electoral Board CITY OF VIRGINIA BEACH UMMARY OF COUNCIL ACTIONS V O 1 June 13, 2006 M B L [DA C E S L D C M R C A W I I J L A N R H N I E D O A D D E M U L W AE Z Y N N D O E I E S O SUBJECT MOTION VOTE L E R E A O R V D V O O S N X F E T A N D UIUIII /IV/V/ IV/ V-E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y y y y y Y y Y F-1 MINUTES — June 6, 2006 APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y B S T A I N E D G-1 PUBLIC HEARING No Speakers 1. PRECINCT BOUNDARIES/LOCATIONS H/I/ J-la Ordinance to AMEND City Code Article 11: ADD §2-15 re Council/School Board elections DEFERRED, BY CONSENT, TO 6-5 Y Y Y Y N N N Y N Y N JUNE 27, 2006 lb Ordinance to AMEND City Code § 10-1: ADD voting precinct/CHANGE boundary hnes/MOVE polling locations ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y y y Y y y 2 Ordinance to DISSOLVE/RECONSTITUTE and Humanities Commission ADOPTED, BY CONSENT 11-0 Y Y Y N y y y y y y YArts 3 Ordinance re MODIFICATIONS to Town Center Phase III ADOPTED/ MODIFIED 10-1 Y Y Y Y y y y Y y y Y 4 Resolution to DESIGNATE Atlantic Bottlenose Dolphin City's official Marine Mammal ADOPTED By CONSENT 11-0 Y Y Y Y Y Y Y Y Y y y Tl PERMIT RENEWAL for EMS zations: AUTHORIZED RENEWAL, BYdical 11-0 Y Y Y Y y Y Y y y y 1, Transport line Ambulance Service, Inc. CONSENT .ghtingale Regional Air Ambulance d. Children's Hospital of the King's Daughters e. Eastern Shore Ambulance f. Network Medical 6a Ordinance to AUTHORIZE temporary encroachments by Carl A./Katherine F. Ripberger into Lake Wesley at 528 Kerry Lane DISTRICT 6 — BEACH DEFERRED, BY CONSENT, TO JUNE 27 2006 11-0 Y Y Y Y Y Y y y y y y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 M B L C E S L DATE: June 13, 2006 D C M R C A W I J L A N R H N I E D 0 A D D E M U L W PAGE: 2 Z Y N N D O E I E S O E E E A 0 R V D V O 0 AGENDA ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D Ordinance to AUTHORIZE temporary encroachments by Robert J./Carol R. Quinn into a man-made canal in Lagomar at 2404 APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 6b Entrada Drive DISTRICT 5 — PRINCESS ANNE Ordinance to REVISE categorical appropriations for School operating fund/capital budgets Ordinance to AUTHORIZE acquisition, by purchase for public purposes, portion of property at 420 Thalia Road from Thalia Trinity ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 7 ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 8 Presbyterian Church/AUTHORIZE EXCUTION of all documents Ordinances re Williams Farm property: ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 9 a. AUTHORIZE City Manager to SELL portion of City property at 1068 Newtown Road to School Board re new elementary school/ACCEPT the dedication of r-o-w/ EXECUTE all documents b. ESTABLISH Capital Project re Williams Park/APPROPRIATE $1,264,972 re park infrastructure ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance to ACCEPT/APPROPRIATE $43,56034,944 to Fiiue re Operation Smoke 10 Detector/Life Safety Education Ordinance to APPROPRIATE $350,000 in ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Federal/State revenue re childcare subsidies to CONSENT 11 low-income parents Ordinance to ACCEPT/APPROPRIATE a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $45,703 grant from Criminal Justice Services to CONSENT 12 Human Services re multi -systemic therapy services Ordinance to APPROPRIATE $125,104 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund/$125,104 from Sheriffs Special CONSENT 13 Revenue Fund to Sheriffs increased costs of Central Booking Program DANNY K. MARTIN C/62 from R-51) to APPROVED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional I-1 at 5840 Burton Station Road re PROFFERED, Kl an office -warehouse BY CONSENT DISTRICT 4 — BAYSIDE I -Li CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 13, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 3 E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 2 BELLAMY ASSOC ("Villas at Bellamy") C/62 APPROVED, AS 10-1 Y Y Y N Y Y Y Y Y Y Y from R-7.5 to Conditional A-18 at 4416 PROFFERED Princess Anne Road re multi -family dwellings DISTRICT 2 — KEMPS VILLE 3 ALCAR, L.L.C. ("Nimmo's Quay") CC/o2 from MOTION TO 5-6 Y N N N Y N Y Y Y N N AG-1/AG-2 to Conditional R-7.5 Nimmo APPROVE LOST Parkway r-o-w/ Rockingchair Lane TO NEGATIVE DISTRICT 7 —PRINCESS ANNE VOTE 4 LBH, LLC ("Sherwood Lakes") C/62 from APPROVED, AS 8-3 Y N Y N Y N Y Y Y Y Y AGl/AG-2 to Conditional R-10 with a PD-H2/ PROFFERED B-IA Princess Anne Road/Sandbridge Road re residential neighborhood of mixed units/restaurant DISTRICT 7 — PRINCESS ANNE 5 OCEAN PROPERTIES, L.L.C. ("Lake DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Bradford Condominiums") at 4856/4840/4848/ 4832 Shore Drive/2209/2213/2217/2216✓2208 North Oliver Road: DISTRICT 4 — BAYSIDE a. Closure portion of North Oliver Drive at Shore Drive/Lake Bradford b. C161Z from R-10 (SD) to Conditional B-4 (SD) c. C/U/P: multi -family dwellings L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS — New Construction INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 13, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 4 E D O A D D E M U L W Z y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D ARTS AND HUMANITIES COMMISSION APPOINTED 11-0 y y y y y y y y y y y Term: 07/012006 — 06/30/2007 Elliot C. Jones 1 year term _ Brad D. Martin John M. Ryan Term: 07/012006— 06/302008 Glenn Davis 2 year term Dr. Manuel Hipol Marjorie J. Rawls Term: 07/012006 — 06/302009 Edwin K. Brown 3 year term Robert N. Melatti Warren Sachs, - DDS Term: 07/012006 — 06/30/2010 Beatriz 4 year term Amberman Thomas A. Felton, Jr. GREEN RIBBON COMMITTEE APPOINTED 11-0 y y y y y y y y y y y Term: 07/012006 — 06/302007 Charlie Meyer 1 year term Barry Frankenfield Tom Leahy Clay Bernick William Macah Jeffrey W. Ainslie Bill Johnston John Olivieri Andrew Fine Laurie Sorabella Hap Chalmers June Barret- McDaniels Wayne McCoy Craig Cope Ron Forests John Baum William Almond Jim Wood Peter Schmidt Eddie Bourdon Susan French Philip Shucet Al Henley Don Hasssett Todd Barnes Richard Whittemore CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: June 13, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 5 E D O A D D E M U L W Z Y N N D 0 E I E S 0 AGENDA E E E A O R V D V O 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D M/N/ O ADJOURNMENT 11:46 PM CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 ALL SESSIONS CANCELED July 11, 2006 Briefing, Informal and Formal Sessions/Reorganization of City Council July 18, 2006 Briefing, Informal and Formal Sessions July 19 - August 7, 2006 City Council Vacation August 8, 2006 Resume Regular Schedule